State v. Abernathy

806 A.2d 1139, 72 Conn. App. 831, 2002 Conn. App. LEXIS 519
CourtConnecticut Appellate Court
DecidedOctober 15, 2002
DocketAC 22198
StatusPublished
Cited by16 cases

This text of 806 A.2d 1139 (State v. Abernathy) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Abernathy, 806 A.2d 1139, 72 Conn. App. 831, 2002 Conn. App. LEXIS 519 (Colo. Ct. App. 2002).

Opinion

[833]*833 Opinion

BISHOP, J.

In this case, which is the companion to State v. Dixon, 72 Conn. App. 852, 806 A.2d 1153 (2002), Eddie Abernathy, one of two codefendants, appeals from the judgment of conviction, rendered after a jury trial, of felony murder in violation of General Statutes § 53a-54c, aiding and abetting robbery in the first degree in violation of General Statutes §§ 53a-8 and 53a-134, and conspiracy to commit robbery in the first degree in violation of General Statutes §§ 53a-48 and 53a-134. On appeal, the defendant claims that the court (1) violated his rights under the sixth amendment to the United States constitution1 and article first, § 8, of the constitution of Connecticut2 on three separate occasions when it misinterpreted or misapplied the Connecticut Code of Evidence, and (2) violated his rights under the fourteenth amendment to the United States constitution3 and article first, § 8,4 when it declined to admit certain evidence under the residual exception to the hearsay rule. We affirm the judgment of the trial court.

On the basis of the evidence admitted during the defendant’s trial, the jury reasonably could have found the following facts. On the evening of October 21, 1998, the defendant, James “G” Dixon, Anthony “Tone” Cannon, Raymond “Flip” Hite, Michael Homes, Tamaika [834]*834Easterling, Lacrisha Williams and others gathered at Tasheeka “Chicken” Contrelle’s apartment, at 99 Wyllys Street in Hartford, where they drank liquor and smoked marijuana. Later that evening, Homes led the defendant, Dixon, Cannon and Hite into Contrelle’s bedroom, shut the door and proposed that they commit a robbery. After some discussion, the five men exited the bedroom and entered the kitchen, where they drank more liquor and smoked more marijuana.

A while later, at about 10 p.m., the defendant, Dixon and Cannon left the party together. The defendant had in his possession a black, nine millimeter handgun, and Dixon had in his possession a small, chrome .25 caliber handgun. The three men entered a black Honda Prelude, which Cannon had acquired earlier that day, and drove throughout Hartford, stopping to buy gasoline on Washington Street and to buy juice on Brook Street. Thereafter, the three men, while driving on Green Street, saw a man, in the distance, walking in the middle of the road. The defendant, who was driving, drove the Honda to the side of the road, conversed briefly with Dixon and turned off the engine. He then turned toward Cannon, who was in the backseat, handed him a mask and the black, nine millimeter handgun, and told him to rob the man walking in the middle of the road. Cannon accepted the handgun and put on the mask, and he and Dixon exited the Honda together. As they approached the man, Cannon said, “What up?” The man, Baze “Burt” Privette, recognized Cannon’s voice and responded, “Tone?”

Cannon hesitated and asked Privette for a cigarette. Privette replied that he did not have one. Cannon then backed away from him, but Dixon, who had been standing to Cannon’s right, did not. Rather, he drew the chrome .25 caliber handgun, held it to Privette’s head and ordered him to “run everything.” He then grabbed Privette and led him into an alley nearby. Halfway down [835]*835the alley, Dixon shot Privette in the head, killing him. He searched Privette’s pockets and then ran out of the alley. He and Cannon entered the Honda and told the defendant what had occurred. The defendant ordered them to give him the mask and guns and to keep quiet. Dixon and Cannon complied. The three men then drove away, heading toward the vicinity of Capitol Avenue and Lawrence Street.

All three men later were arrested and charged in connection with the incident. The defendant was charged with felony murder, aiding and abetting robbery in the first degree, and conspiracy to commit robbery in the first degree. The jury returned a verdict of guilty as to all counts, and the court rendered judgment accordingly. The defendant later was sentenced to a total effective term of fifty years imprisonment. This appeal followed. Additional facts and procedural history will be presented as necessary.

I

The defendant first claims that the court violated his rights under the sixth amendment to the United States constitution and article first, § 8, of the constitution of Connecticut on three separate occasions when it misinterpreted or misapplied the Connecticut Code of Evidence. Specifically, he claims that the court violated his federal and state constitutional rights to confront witnesses and to present a defense when it precluded him from (1) calling an individual named Antonio Johnson as a witness for the purpose of impeaching Cannon’s testimony concerning his motivation for cooperating with the state, (2) calling Johnson as a witness for the purpose of impeaching Cannon’s testimony that Cannon never had a disagreement or fight with Privette and (3) asking Homes certain questions [836]*836on cross-examination. We begin by setting forth the legal principles that guide our analysis of those claims.5

“The sixth amendment to the [United States] constitution guarantees the right of an accused in a criminal prosecution to confront the witnesses against him. . . . The primary interest secured by confrontation is the right to cross-examination . . . and an important function of cross-examination is the exposure of a witness’ motivation in testifying. . . . Cross-examination to elicit facts tending to show motive, interest, bias and prejudice is a matter of right and may not be unduly restricted. . . .

“Impeachment of a witness for motive, bias and interest may also be accomplished by the introduction of extrinsic evidence. . . . The same rule that applies to the right to cross-examine applies with respect to extrinsic evidence to show motive, bias and interest; proof of the main facts is a matter of right but the extent of the proof of details lies in the court’s discretion. . . . The right of confrontation is preserved if defense counsel is permitted to expose to the jury the facts from which jurors, as the sole triers of fact and credibility, could appropriately draw inferences relating to the reliability of the witness. . . .

“Although it is within the trial court’s discretion to determine the extent of [impeachment] and the admissibility of evidence, the preclusion of sufficient inquiry into a particular matter tending to show motive, bias and interest may result in a violation of the constitutional requirements of the [confrontation clause] of the sixth amendment.” (Citations omitted; internal quotation marks omitted.) State v. Colton, 227 Conn. 231, [837]*837248-49, 630 A.2d 577 (1993), on appeal after remand, 234 Conn. 683, 663 A.2d 339 (1995), cert. denied, 516 U.S. 1140, 116 S. Ct. 972, 133 L. Ed. 2d 892 (1996). Whether limitations on impeachment, including cross-examination, are so severe as to violate the confrontation clause of the sixth amendment is a question of law reviewed de novo. United States v. Gonzalez-Vazquez, 219 F.3d 37, 45 (1st Cir.

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Cite This Page — Counsel Stack

Bluebook (online)
806 A.2d 1139, 72 Conn. App. 831, 2002 Conn. App. LEXIS 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-abernathy-connappct-2002.