State v. Menzies

Decision Date09 April 1992
Citation608 A.2d 690,221 Conn. 924
CourtConnecticut Supreme Court
PartiesSTATE of Connecticut v. James MENZIES.

Ramona Stilley Carlow and Glenn D. Woods, Hartford, in support of the petition.

Rita M. Shair, Asst. State's Atty., in opposition.

The defendant's petition for certification for appeal from the Appellate Court, 26 Conn.App. 674, 603 A.2d 419, is denied.

BERDON, Associate Justice, dissenting.

I would grant the defendant's petition for certification in order for this court to review the following issues:

"1. Did the Appellate Court err in concluding that, by denying the defendant the opportunity to question the state's only substantive witness about documented instances of prior untruthfulness the trial court had not improperly restricted the defendant's right of cross-examination?

"2. Did the Appellate Court err in concluding that the defendant was not denied due process by the state's refusal to drop the risk of injury count regarding 'J' despite the absence of admissible evidence as to this court?

"3. Did the Appellate Court err in concluding that the trial court properly adopted special procedures during (the alleged victim) 'L's' testimony and that these procedures did not engender sympathy for her or enhance her testimony?"

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17 cases
  • State v. Correa
    • United States
    • Connecticut Supreme Court
    • June 10, 1997
    ...jury's attention to the failure of the accused to testify. State v. Menzies, 26 Conn.App. 674, 696, 603 A.2d 419, cert. denied, 221 Conn. 924, 608 A.2d 690 (1992) (Berdon, J., dissenting from denial of certiorari)." State v. Arline, 223 Conn. 52, 66-67, 612 A.2d 755 During his opening summa......
  • State v. Arline
    • United States
    • Connecticut Supreme Court
    • July 21, 1992
    ...attention to the failure of the accused to testify. State v. Menzies, 26 Conn. App. 674, 696, 603 A.2d 419, cert. denied, 221 Conn. 924, 608 A.2d 690 (1992) (Berdon, J., dissenting from denial of certiorari). Furthermore, "a prosecutor is prohibited from asking for explanations which only a......
  • State v. Ruffin
    • United States
    • Connecticut Court of Appeals
    • July 30, 2013
    ...indirect comment on the defendant's failure to testify.” State v. Menzies, 26 Conn.App. 674, 696, 603 A.2d 419, cert. denied, 221 Conn. 924, 608 A.2d 690 (1992); see also State v. DeMartino, 7 Conn.App. 292, 295, 508 A.2d 809 (1986). In this case, during the prosecutor's initial closing arg......
  • State v. Green
    • United States
    • Connecticut Court of Appeals
    • March 6, 2001
    ...the right to confront the witnesses against him." State v. Menzies, 26 Conn. App. 674, 684, 603 A.2d 419, cert. denied, 221 Conn. 924, 608 A.2d 690 (1992). "The denial or undue restriction of the right to confrontation constitutes constitutional error. Davis v. Alaska, [supra, 415 U.S. 318]......
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