State v. Marsala

Decision Date10 June 1992
Citation223 Conn. 902,610 A.2d 177
CourtConnecticut Supreme Court
PartiesSTATE of Connecticut v. Michael J. MARSALA.

Richard Emanuel, Asst. Public Defender, and G. Douglas Nash, Public Defender, in support of the petition.

Richard F. Jacobson and C. Robert Satti, Jr., Asst. State's Atty., in opposition.

The defendant's petition for certification for appeal from the Appellate Court, 27 Conn.App. 291, 605 A.2d 866, is granted, limited to the following issues:

"1. Whether the Appellate Court correctly treated a motion for reargument as a motion for reconsideration, and in thereafter deciding a question of substance, which reversed a trial court conclusion, without the benefit of either briefs or oral argument?

"2. Whether the Appellate Court properly concluded that the search warrant affidavit should be evaluated under the principles of State v. Barton, 219 Conn. 529, 594 A.2d 917 (1991)?

"3. If the principles of State v. Barton, supra, are applicable to this case, must the validity of the warrant first be reviewed by a trial court, rather than an appellate court?

"4. Did the Appellate Court have jurisdiction/authority to issue, sua sponte, an amended rescript (26 Conn.App. 423, 601 A.2d 542) approximately sixteen months after the issuance of its initial rescript?

"5. Did the state waive or forfeit its right to assert the warrant's validity in light of the state's prior concessions and prior failure to raise this claim as an alternate ground?"

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3 cases
  • State v. Diaz
    • United States
    • Supreme Court of Connecticut
    • July 20, 1993
    ...... We disagree. .         We have previously held that § 54-33f did not create new substantive rights for criminal defendants but was enacted merely to set forth the appropriate procedural mechanism by which to bring a motion to suppress. State v. Marsala, 216 Conn. 150, 157, 579 A.2d 58 (1990). Section 54-33f was enacted in response to the United States Supreme Court's decision in Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081, reh. denied, 368 U.S. 871, 82 S.Ct. 23, 7 L.Ed.2d 72 (1961), which held that the constitutionally based ......
  • State v. Toth
    • United States
    • Appellate Court of Connecticut
    • February 24, 1993
    ...basis on which to find that probable cause existed." State v. Marsala, 27 Conn.App. 291, 296, 605 A.2d 866, cert. granted, 223 Conn. 902, 610 A.2d 177 (1992). The "totality of the circumstances" presented in the affidavits therefore supports the trial court's denial of the defendant's motio......
  • State v. Marsala, 14553
    • United States
    • Supreme Court of Connecticut
    • March 9, 1993
    ...Appellate Court's decision to pursue the second alternative, we granted the defendant's petition for certification. 1 State v. Marsala, 223 Conn. 902, 610 A.2d 177 (1992). We regret the lack of clarity in our original rescript and now direct a new trial. The judgment of the Appellate Court ......

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