State v. Joyce, (SC 15767)

Decision Date18 May 1999
Docket Number(SC 15767)
Citation728 A.2d 1096,248 Conn. 669
CourtConnecticut Supreme Court
PartiesSTATE OF CONNECTICUT v. DAVID JOYCE

Callahan, C. J., and Borden, Berdon, Palmer and McDonald, Js.

Kent Drager, senior assistant public defender, for the appellant (defendant).

Frederick W. Fawcett, assistant state's attorney, with whom, on the brief, were Jonathan C. Benedict, state's attorney, and John Smriga, assistant state's attorney, for the appellee (state).

Opinion

PER CURIAM.

After examining the record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was granted improvidently.1

The appeal is dismissed.

1. We granted the defendant's petition for certification to appeal from the judgment of the Appellate Court; State v. Joyce, 45 Conn. App. 390, 696 A.2d 993 (1997); limited to the following issue: "Did the Appellate Court properly conclude that the trial court's unconstitutional restriction of the defendant's right to present evidence of a state witness' bias against him was harmless beyond a reasonable doubt?" State v. Joyce, 243 Conn. 904, 701 A.2d 336 (1997).

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8 cases
  • State v. Thompson
    • United States
    • Connecticut Court of Appeals
    • January 27, 2004
    ...stated "is not a penalty enhancement statute." State v. Joyce, 45 Conn. App. 390, 405, 696 A.2d 993 (1997), appeal dismissed, 248 Conn. 669, 728 A.2d 1096 (1999). Furthermore, Jones involved the capital felony statute, which requires appellate courts to engage in extraordinary care and scru......
  • State v. Abraham
    • United States
    • Connecticut Court of Appeals
    • July 24, 2001
    ...not set forth a cognizable criminal offense." State v. Joyce, 45 Conn. App. 390, 405, 696 A.2d 993 (1997), appeal dismissed, 248 Conn. 669, 728 A.2d 1096 (1999). This court has addressed on numerous occasions the issue of whether the introduction at trial of a prior criminal conviction to e......
  • State v. Stewart
    • United States
    • Connecticut Court of Appeals
    • July 17, 2001
    ...defendant had consented to judge's absence during voir dire, defendant waived right to judge's presence), appeal dismissed, 248 Conn. 669, 728 A.2d 1096 (1999). 10 Although a criminal defendant's right to testify on his own behalf is constitutionally protected, our Supreme Court has held th......
  • State v. Ciccio
    • United States
    • Connecticut Court of Appeals
    • June 10, 2003
    ...Rodgers, 198 Conn. 53, 56, 502 A.2d 360 (1985); State v. Joyce, 45 Conn. App. 390, 402, 696 A.2d 993 (1997), appeal dismissed, 248 Conn. 669, 728 A.2d 1096 (1999). A court may not permit the jury to draw an inference material to the verdict from facts not in evidence. Bell v. Bihary, 168 Co......
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