State v. Martinez
Decision Date | 02 May 2006 |
Docket Number | No. 26647.,26647. |
Citation | 896 A.2d 109,95 Conn.App. 162 |
Parties | STATE of Connecticut v. Jose J. MARTINEZ. |
Court | Connecticut Court of Appeals |
Lauren Weisfeld, assistant public defender, for the appellant (defendant).
Ronald G. Weller, senior assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Maxine V. Wilensky, senior assistant state's attorney, for the appellee (state).
SCHALLER, DiPENTIMA and McLACHLAN, Js.
The defendant, Jose J. Martinez, appeals from the judgment of conviction, rendered after a jury trial, of manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a. On appeal, the defendant claims that (1) the trial court failed to inquire into possible jury taint, (2) he was denied due process of law as a result of prosecutorial misconduct and (3) the court improperly charged the jury. We affirm the judgment of the trial court.
The jury reasonably could have found the following facts. The defendant and the victim, Hector Pacheco, sold heroin in the area of Poplar Street in New Haven. On the evening of September 2, 1996, the defendant and the victim had a loud argument concerning the defendant's intention to sell drugs at a location used by the victim.1 The victim told the defendant that "it wasn't going to happen," and the defendant became upset.
The next morning, at approximately 9:30 a.m., the victim and the defendant had a second argument, and the victim reiterated his position that he would prevent the defendant from seizing his location. The defendant then left the area but returned later that morning. He told the victim, "I told you I'd be back," and drew a handgun from the inside of his pants. The defendant shot the victim and fled from the area while the victim was taken to Yale-New Haven Hospital, where he subsequently died. Thomas Gilchrist, a pathologist in the chief medical examiner's officer, performed an autopsy and determined that a gunshot wound to the chest and abdomen caused the victim's death.
Following an investigation, the police obtained an arrest warrant but were unable to locate the defendant for several years. After shooting the victim, the defendant fled to Philadelphia, Pennsylvania, and used a false name and date of birth to escape discovery. While using the alias "Edwin Acevedo," the defendant was arrested on unrelated charges and placed in custody in 1999.
The defendant's identity eventually was discovered, and he was returned to Connecticut. The defendant was arrested, tried and convicted in connection with the death of the victim.2 The court sentenced the defendant to forty years incarceration, suspended after thirty years, and five years probation. This appeal followed.3 Additional facts will be set forth as necessary.
The defendant first claims that the court failed to inquire into possible jury taint. Specifically, the defendant argues that the court failed to investigate two instances of possible juror misconduct, thereby implicating his right to an impartial jury. The first instance occurred when a venire-person indicated that discussions regarding the defendant had occurred among members of the venire panel while awaiting individual voir dire. The second instance transpired when one of the jurors notified the court clerk that some of the other members of the jury had commented, prior to the jury charge, on the defendant's outburst that had taken place during the testimony of one of the state's witnesses. We do not agree with either of the defendant's claims.
As an initial matter, we set forth the general legal principles relevant to this issue. (Internal quotation marks omitted.) State v. West, 274 Conn. 605, 647, 877 A.2d 787, cert. denied, ___ U.S. ___, 126 S.Ct. 775, 163 L.Ed.2d 601 (2005); see also State v. Sinvil, 90 Conn.App. 226, 240, 876 A.2d 1237, cert. denied, 275 Conn. 924, 883 A.2d 1251 (2005).
A discussion of the seminal case of State v. Brown, 235 Conn. 502, 668 A.2d 1288 (1995) (en banc), is also appropriate. In Brown, the trial court received an anonymous note, after the verdict had been returned, indicating that the writer had learned that one of the jurors commented that she had overheard the sheriffs "betting that the defendant would be found guilty because he was black and from New York." (Internal quotation marks omitted.) Id., at 520, 668 A.2d 1288. Our Supreme Court concluded that the trial court abused its discretion by failing to conduct an inquiry into the allegations contained in the note. Id., at 522-26, 668 A.2d 1288. Furthermore, under the auspices of its inherent supervisory power over the administration of justice, the court held that Id., at 526, 668 A.2d 1288.
Our Supreme Court further instructed that the form and scope of the hearing should be based on a consideration of several factors. (Internal quotation marks omitted.) Id., at 529-30, 668 A.2d 1288.
With these principles in mind, we turn to the defendant's specific arguments.
The defendant first argues that the court improperly failed to conduct an investigation when a venireperson indicated that discussions regarding the defendant had occurred among members of the venire panel while awaiting individual voir dire. Specifically, the defendant claims that the court should have recalled for further inquiry an individual who had been selected as a member of the jury. The defendant concedes that he failed to preserve his claim for our review and now seeks review under State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989),4 or the plain error doctrine. See Practice Book § 60-5.5 We will review the defendant's claim because the record is adequate for our review and his claim is of constitutional magnitude. We conclude, however, that the defendant has failed to satisfy the third prong of Golding.
The following additional facts are necessary for our discussion. Voir dire commenced on September 15, 2003. Prior to September 22, 2003, one juror had been selected.6 Two of the first three members of the venire were excused by the court, and the state exercised a preemptory challenge with regard to the other venire member. The next venireperson, H, was selected as a juror. The next two venirepersons were excused by the court.
J then was questioned during voir dire. The state asked if refraining from discussing the details of the case would pose a problem for her. J replied, She further explained that, Upon further inquiry by the state, J responded: She stated that the conversation included theories regarding "motive, drugs, all that kind of thing came up." Finally, she said: ...
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State v. Zapata, No. 30426.
... ... See Johnson v. Commissioner of Correction, 218 Conn. 403, 422, 589 A.2d 1214 (1991). The defendant cannot prevail, as the issue has been settled by our Supreme Court, whose rulings are binding on this court. See State v. Martinez, 95 Conn.App. 162, 193, 896 A.2d 109, cert. denied, 279 Conn. 902, 901 A.2d 1224 (2006) ... The judgment is affirmed ... In this opinion the other judges concurred ... --------------- ... 1. The parties have not brought to our attention any evidence ... ...
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State v. Chyung
... ... It is well settled that counsel's questions to a witness are not evidence. See Connecticut Criminal Jury Instructions (4th Ed. 2008) 1.26, available at http://www.jud.ct.gov/ji/Criminal/Criminal/pdf. (last visited March 22, 2017); State v. Martinez , 95 Conn.App. 162, 182, 896 A.2d 109, cert. denied, 279 Conn. 902, 901 A.2d 1224 (2006) ; State v. Ciccio , 77 Conn.App. 368, 37980, 823 A.2d 1233, cert. denied, 265 Conn. 905, 831 A.2d 251 (2003). Nonetheless, without objection, the trial court gave the jury a limiting instruction as to the ... ...
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State v. Turner
... ... In other cases in which a new, nonconstitutional evidentiary rule has been applied retroactively, the defendant still was required to preserve his claim at trial in order to be entitled to review. See State v. Martinez , 95 Conn. App. 162, 166 n.3, 896 A.2d 109 (2006) (concluding that, even if new jury instruction rule announced in State v. Patterson , 276 Conn. 452, 886 A.2d 777 (2005), which was not of constitutional dimension, was retroactive, court would decline to review defendant's unpreserved ... ...
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State v. Jackson
... ... 653 reviewable in the event the claim has not been preserved. See State v. Martinez , 95 Conn. App. 162, 166 n.3, 896 A.2d 109 (2006) (concluding that even if new jury instruction rule announced in State v. Patterson , 276 Conn. 452, 886 A.2d 777 [2005], which was not of constitutional dimension, was retroactive, this court would decline to review defendant's unpreserved ... ...