Franklin v. Berger

560 A.2d 444, 211 Conn. 591, 1989 Conn. LEXIS 176
CourtSupreme Court of Connecticut
DecidedJune 20, 1989
Docket13450
StatusPublished
Cited by39 cases

This text of 560 A.2d 444 (Franklin v. Berger) 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
Franklin v. Berger, 560 A.2d 444, 211 Conn. 591, 1989 Conn. LEXIS 176 (Colo. 1989).

Opinions

Callahan, J.

Certification was granted in this case limited to the question: “Did the state violate the guarantees of equal protection contained in the Connecticut and United States constitutions by declining to credit pretrial jail time against the length of an insanity acquittee’s commitment to a mental hospital?” Franklin v. Berger, 208 Conn. 816, 546 A.2d 282 (1988). The Appellate Court answered this question in the affirmative. Franklin v. Berger, 15 Conn. App. 74, 544 A.2d 650 (1988). We disagree.

The facts relevant to this appeal are not in dispute and have been set forth in the opinion of the Appellate Court; id.; but can be briefly summarized as follows. On March 5, 1976, the petitioner was arrested and charged with manslaughter in the first degree in violation of General Statutes § 53a-55.1 Although his bail, initially set at $100,000, was later reduced to $50,000, [593]*593the petitioner was unable to post a bond and was confined in jail for 293 days prior to trial. In addition, he spent 378 days in a mental hospital while his competency to stand trial was determined. Id.

On January 5, 1978, a criminal court adjudged the petitioner not guilty by reason of insanity. Pursuant to General Statutes (Rev. to 1977) § 53a-47 (repealed and replaced by General Statutes § 17-257),2 the petitioner was sent to Norwich Hospital for a psychiatric examination. On April 27, 1978, the trial court found the petitioner to be a danger to himself or others and ordered him committed to a mental institution for a term of ten years pursuant to General Statutes (Rev. to 1977) § 53a-47 (b). See General Statutes § 17-257c (e) (1) (A). Thereafter, the state declined to credit the petitioner’s pretrial jail time against the maximum term of his commitment set by the court.

On March 24,1987, the petitioner filed a petition for a writ of habeas corpus alleging that the refusal to grant him credit for his pretrial jail time was violative of the equal protection guarantees of the federal and state constitutions.3 The habeas court denied his peti[594]*594tion finding no equal protection violation. On appeal,* **4 the Appellate Court set aside the judgment of the habeas court and held that the state’s practice of denying jail time credits to insanity acquittees violated the petitioner’s equal protection rights. Franklin v. Berger, 15 Conn. App. 74, 544 A.2d 650 (1988).

At this point we note that “the concept of equal protection [under both the state and federal constitutions5 6] has been traditionally viewed as requiring the uniform treatment of persons standing in the same relation to the governmental action questioned or challenged.” Reynolds v. Sims, 377 U.S. 533, 84 S. Ct. 1362, 12 L. Ed. 2d 506 (1964); Cleburne v. Cleburne Living Cen[595]*595ter, Inc., 473 U.S. 432, 105 S. Ct. 3249, 87 L. Ed. 2d 313 (1985); Daily v. New Britain Machine Co., 200 Conn. 562, 578, 512 A. 2d 893 (1986). The “equal protection clause does not require absolute equality or precisely equal advantages.” Ross v. Moffitt, 417 U.S. 600, 94 S. Ct. 2437, 41 L. Ed. 2d 341 (1974); Daily v. New Britain Machine Co., supra, 577-78. Rather, a state may make classifications when enacting or carrying out legislation, but in order to satisfy the equal protection clause the classifications made must be based on some reasonable ground. Ross v. Moffitt, supra; Magoun v. Illinois Trust & Savings Bank, 170 U.S. 283,18 S. Ct. 594, 42 L. Ed. 1037 (1898); Daily v. New Britain Machine Co., supra; State v. Reed, 192 Conn. 520, 531, 473 A. 2d 775 (1984). To determine whether a particular classification violates the guarantees of equal protection, the court must consider “the character of the classification; the individual interests affected by the classification; and the governmental interests asserted in support of the classification.” Dunn v. Blumstein, 405 U.S. 330, 335, 92 S. Ct. 995, 31 L. Ed. 2d 274 (1972). Where the classification impinges upon a fundamental right or impacts upon an “inherently suspect” group, it will be subjected to strict scrutiny and will be set aside unless it is justified by a compelling state interest. Id., 342; Bruno v. Civil Service Commission, 192 Conn. 335, 345, 472 A.2d 328 (1984); Laden v. Warden, 169 Conn. 540, 542, 363 A. 2d 1063 (1975). On the other hand, where the classification at issue neither impinges upon a fundamental right nor affects a suspect group “it will withstand constitutional attack if the distinction is founded on a rational basis.” Laden v. Warden, supra, 543; see also McGinnis v. Royster, 410 U.S. 263, 270, 93 S. Ct. 1055, 35 L. Ed. 2d 282 (1972); Dandridge v. Williams, 397 U.S. 471, 485, 90 S. Ct. 1153, 25 L. Ed. 2d 491 (1970).

[596]*596To implicate the equal protection clauses under the state and federal constitutions, therefore, it is necessary that the state statute in question, either on its face or in practice, treat persons standing in the same relation to it differently. The petitioner in the instant case argues that by refusing to credit the. time he spent in jail prior to his trial against the fixed maximum term of his commitment, the state is treating wealthy and poor insanity acquittees differently. Based on the premise that all acquittees are discharged at the expiration of the fixed maximum term of confinement set by the court at the commencement of commitment to a mental hospital under § 17-257c (e) (1) (A), the petitioner maintains that indigent acquittees who are held prior to trial because they are not able to afford bail will be confined for the full duration of the fixed maximum term in addition to the time they spend confined in jail prior to their trial, whereas those acquittees who are able to avoid confinement prior to their trial because they can afford bail will be confined only for the duration of the fixed maximum term set by the court. According to the petitioner, this alleged classification based on wealth that affects his fundamental liberty interest cannot be justified by a compelling state interest and, therefore, violates his guarantees of equal protection of the laws. A review of the statutory framework reveals, however, that the petitioner’s reliance on the fixed maximum term as a measuring point for calculating an insanity acquittee’s date of discharge from confinement is misplaced. When § 17-257a et seq. is viewed as a whole, it is clear that the discharge date of insanity acquittees cannot be calculated in days, but rather, is indeterminate, and dependent on the acquit-tee’s ability to prove that he is no longer a danger to himself or others.6

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Abdullah v. Commissioner of Correction
1 A.3d 1102 (Connecticut Appellate Court, 2010)
State v. Schultz
921 A.2d 595 (Connecticut Appellate Court, 2007)
Whitaker v. Commissioner of Correction
878 A.2d 321 (Connecticut Appellate Court, 2005)
State v. Long
847 A.2d 862 (Supreme Court of Connecticut, 2004)
Lindo v. Mullaney
829 A.2d 86 (Connecticut Appellate Court, 2003)
State v. Moran
825 A.2d 111 (Supreme Court of Connecticut, 2003)
State v. Long, No. 308773 (Sep. 3, 2002)
2002 Conn. Super. Ct. 11252 (Connecticut Superior Court, 2002)
Wajnowski v. Connecticut Assn. of Schools, No. Cv00 0432727 (Dec. 17, 1999)
1999 Conn. Super. Ct. 16306 (Connecticut Superior Court, 1999)
Barton v. Ducci Electrical Contractors, Inc.
730 A.2d 1149 (Supreme Court of Connecticut, 1999)
State v. Jason B.
729 A.2d 760 (Supreme Court of Connecticut, 1999)
State v. Wright
716 A.2d 870 (Supreme Court of Connecticut, 1998)
Thomas v. City of West Haven, No. Cv89 0284555s (Jul. 30, 1997)
1997 Conn. Super. Ct. 7471 (Connecticut Superior Court, 1997)
State v. Morales
694 A.2d 758 (Supreme Court of Connecticut, 1997)
State v. Matos
694 A.2d 775 (Supreme Court of Connecticut, 1997)
Moen v. Baransky, No. Cv96-054785 (May 2, 1997)
1997 Conn. Super. Ct. 4825 (Connecticut Superior Court, 1997)
Blakeslee Arpaia Chapman, Inc. v. EI Constructors, Inc.
687 A.2d 506 (Supreme Court of Connecticut, 1997)
Abington Constructors v. State D.C.P., No. 0555498 (Dec. 17, 1996)
1996 Conn. Super. Ct. 6582 (Connecticut Superior Court, 1996)
Warren v. Commissioner of Mental Health
685 A.2d 332 (Connecticut Appellate Court, 1996)
State v. Keith N., No. Cr 2165192 (Nov. 7, 1996)
1996 Conn. Super. Ct. 9330 (Connecticut Superior Court, 1996)
State v. Joshua S., No. Cr10-230166 (Nov. 7, 1996)
1996 Conn. Super. Ct. 9323 (Connecticut Superior Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
560 A.2d 444, 211 Conn. 591, 1989 Conn. LEXIS 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-berger-conn-1989.