State v. Pastet
| Decision Date | 08 November 1972 |
| Citation | 298 A.2d 784,164 Conn. 669 |
| Parties | STATE of Connecticut v. John PASTET. |
| Court | Connecticut Supreme Court |
James A. Wade, Special Public Defender, in support of the motion.
The defendant by his attorney has filed in this court a 'Motion to Reopen Judgment' in which he has moved that this court 'reopen its judgment affirming his conviction for murder in the first degree.' The motion represents that on June 21, 1962, the defendant was convicted of murder in the first degree in the Superior Court for New Haven County and was committed to the Connecticut State Prison for imposition of the death penalty. The judgment of that court was sustained by this court on June 30, 1964; State v. Pastet, 152 Conn. 81, 203 A.2d 287; and no appeal or petition for certiorari to the United States Supreme Court was taken or filed. Under the provisions of § 54-101 of the General Statutes, on February 18, 1965, the warden of the State Prison made application to the Superior Court for Tolland County which, after a hearing at which three physicians certified that the defendant was insane, ordered that the execution of the death sentence by stayed and that the defendant be committed to a mental hospital until he should recover his sanity. He is presently confined to a mental hospital pursuant to a mittimus issued by that court. The present motion filed on behalf of the defendant prays that in light of the decision of the United States Supreme Court in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346, 'the judgment of this court affirming his conviction be reopened insofar as the imposition of the death sentence is concerned' and that the matter be remanded to the Superior Court for New Haven County for resentencing proceedings upon a determination that the defendant is capable of assisting counsel and understands the nature and meaning of such sentencing proceedings.
The circumstances of this case differ materially from those in the cases of Delgado v. State, 408 U.S. 940, 92 S.Ct. 2879, 33 L.Ed.2d 764, and Davis v. State, 408 U.S. 935, 92 S.Ct. 2856, 33 L.Ed.2d 750. In both of those cases the death penalty had been imposed, the judgments were affirmed by this court, and petitions for writs of certiorari were pending in the United States Supreme Court at the time of its decision in the Furman case. That court granted both petitions, vacated each judgment 'in so far as it leaves undisturbed the...
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State v. Pastet
...confined, and for change of the sentence to life imprisonment because of the Furman decision must be pursued in that court.' State v. Pastet, Conn., 298 A.2d 784. Thereafter, upon a motion of the defendant, the Superior Court ordered a psychiatric examination of the defendant to inquire int......
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Bean v. State of Nevada
...and resentence: California: People v. Morse, 8 Cal.3d 811, 106 Cal.Rptr. 177, 505 P.2d 1017 (1973); Connecticut: State v. Pastet, 298 A.2d 784, 164 Conn. 669 (1972); Georgia: Mitchell v. Smith, 229 Ga. 781, 194 S.E.2d 414 (1972); Louisiana: State v. Washington, La., 278 So.2d 484 (1973); Ma......
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Mears v. State of Nevada
...remanded to the sentencing courts with the instruction to vacate or modify the death penalty and resentence: Connecticut: State v. Pastet, Conn., 298 A.2d 784 (1972); Georgia: Mitchell v. Smith, 229 Ga. 781, 194 S.E.2d 414 (1972); Louisiana: State v. Washington, La., 278 So.2d 484 (1973); N......
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Davis v. Bryan
...since after Pastet had been sentenced to death he was found to be insane and was hospitalized. See State v. Pastet, 164 Conn. 669, 298 A.2d 784, 785 (1972) ("Pastet II ") (Superior Court retained jurisdiction to hear a motion to vacate death penalty as a result of determination of insanity)......