Banks v. Comm'r of Corr.

Supreme Court of Connecticut

Banks v. Comm'r of Corr.

197 A.3d 391, 330 Conn. 950

CourtSupreme Court of Connecticut

DecidedNovember 28, 2018

StatusPublished

Cited by2 cases

This text of 197 A.3d 391 (Banks v. Comm'r of Corr.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banks v. Comm'r of Corr., 197 A.3d 391, 330 Conn. 950 (Colo. 2018).

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Opinion

The respondent's petition for certification to appeal from the Appellate Court, 184 Conn.App. 101, 194 A.3d 780 (2018), is granted, limited to the following issues:

"1. When a habeas petitioner claims that the criminal trial court erred by, omitting jury instructions on the intent element of kidnapping pursuant to State v. Salamon, 287 Conn. 509, 949 A.2d 1092 (2008), is harm measured in accordance with Brecht v. Abrahamson, 507 U.S. 619, 113 S.Ct. 1710, 123 L.Ed. 2d 353 (1993), or Neder v. United States, 527 U.S. 1, 119 S.Ct. 1827, 144 L.Ed. 2d 35 (1999)?

"2. Did the Appellate Court properly conclude that the absence of a Salamon instruction at the petitioner's criminal trial was not harmless error?"

McDONALD and MULLINS, Js., would deny the petition.

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The respondent's petition for certification to appeal from the Appellate Court, 184 Conn.App. 101, 194 A.3d 780 (2018), is granted, limited to the following issues:

"1. When a habeas petitioner claims that the criminal trial court erred by, omitting jury instructions on the intent element of kidnapping pursuant to State v. Salamon, 287 Conn. 509, 949 A.2d 1092 (2008), is harm measured in accordance with Brecht v. Abrahamson, 507 U.S. 619, 113 S.Ct. 1710, 123 L.Ed. 2d 353 (1993), or Neder v. United States, 527 U.S. 1, 119 S.Ct. 1827, 144 L.Ed. 2d 35 (1999)?

"2. Did the Appellate Court properly conclude that the absence of a Salamon instruction at the petitioner's criminal trial was not harmless error?"

McDONALD and MULLINS, Js., would deny the petition.

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Bluebook (online)

197 A.3d 391, 330 Conn. 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-commr-of-corr-conn-2018.

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