State v. Dolphin

525 A.2d 509, 203 Conn. 506, 1987 Conn. LEXIS 858
CourtSupreme Court of Connecticut
DecidedMay 19, 1987
Docket12235
StatusPublished
Cited by56 cases

This text of 525 A.2d 509 (State v. Dolphin) 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
State v. Dolphin, 525 A.2d 509, 203 Conn. 506, 1987 Conn. LEXIS 858 (Colo. 1987).

Opinion

Santaniello, J.

The dispositive issue in this appeal is whether the trial court erred in restricting the scope of questioning during the voir dire examination of the potential jurors. The defendant, Herbert Dolphin, after a trial to a jury, was found guilty of robbery in the first degree and subsequently was found to be a persistent dangerous felony offender by a panel of three judges. The defendant appealed from the judgment of these convictions. We find error and remand the case for a new trial.

The facts relevant to this appeal are as follows: On March 22, 1981, at approximately 3:30 a.m., Don Marshall, the victim, picked up the defendant hitchhiking along Whalley Avenue in New Haven and drove him to the corner of Ann and Kossuth Streets in that city. As the defendant exited Marshall’s van, he turned around and, wielding a sawed-off shotgun, demanded Marshall’s money. Marshall had only two dollars, which he gave to the defendant who fled. Marshall then drove to a nearby gas station in the hope of locating the police. When he arrived at the station, he found sev[508]*508eral police officers and informed them that he had just been robbed. At the suggestion of one of the officers, Marshall accompanied Officer Mark Kunza in an attempt to find the person who had committed the robbery. As the two approached the intersection of Congress Avenue and West Street, Marshall saw the defendant standing outside the Flaming Knights Motorcycle Club, and identified the defendant to the police officer as the man who had robbed him. Upon seeing the police car, the defendant ran around the side of the building toward the back of the club. As he fled, the defendant tossed an object over a fence located at the rear of the building. The defendant then attempted to climb the fence and when he was unable to do so, attempted to enter the building through a side door, but was apprehended by Kunza. The officer arrested and searched the defendant, seizing two one dollar bills and two twelve gauge shotgun shells from the defendant’s person. Following the arrest, Kunza searched the lot on the other side of the fence and found a double barrel sawed-off shotgun lying in the bushes.

The defendant was charged in a two part indictment with the crimes of robbery in the first degree in violation General Statutes § 53a-134 (a) (2)1 and being a persistent dangerous felony offender in violation of [509]*509General Statutes § 53a-40 (a).2 After a trial to a jury on part A of the indictment, the first degree robbery charge, the defendant was found guilty. Thereafter, the defendant entered a plea of not guilty to part B of the indictment and elected a trial to the court. Following a trial before a panel of three judges, the defendant was found to be a persistent dangerous felony offender, and was sentenced to a term of imprisonment of not less than twenty-five years nor more than life.

On appeal, the defendant claims that the trial court erred in: (1) restricting the voir dire examination of the prospective jurors; (2) refusing to remove the leg restraints placed on the defendant during trial; (3) refusing to instruct the jury on the lesser offenses of robbery in the second degree and robbery in the third degree; (4) instructing improperly the jury on circumstantial evidence and the burden of proof; (5) failing to instruct the jury on the statutory definition of “intent”; (6) denying his motions for dismissal, acquittal and in [510]*510arrest of judgment on the charge of being a persistent dangerous felony offender; (7) denying his challenge to the jury array; and (8) denying his motion to correct an illegally imposed sentence. We find error on the defendant’s first claim and remand the case for a new trial.

I

The record reflects that fifty-six potential veniremen were examined from whom a jury of twelve, plus two alternates, were selected. During the voir dire examination, both the state’s attorney and defense counsel sought to question the first member of the venire to ascertain whether she would give more or less credibility to a police officer’s testimony solely because of his occupation. The trial court, however, refused to allow either attorney’s inquiry. During the examination of the second venireman, defense counsel attempted to pursue the same line of questioning. Again the court interrupted defense counsel and refused to allow the question. Prior to the examination of the third prospective juror, defense counsel stated that he intended to question the remaining potential jurors “about whether they would put more weight on a policeman’s testimony or that of another witness solely because he is a policeman,” but would not continue that line of questioning because the court “has made it clear . . . that [it] would sustain the objection.” The court replied, “I have sustained the objections to certain questions that have been asked. As far as I’m concerned you don’t have to repeat the question to each.”

The defendant now claims that the trial court violated his constitutional right to question the members of the venire and abused its discretion in restricting the voir dire examination. We agree with the defendant’s contention.

[511]*511Section 19 of article first of the Connecticut constitution, as amended by article IV,3 provides in part: “In all civil and criminal actions tried by a jury, the parties shall have the right to challenge jurors peremptorily, the number of such challenges to be established by law. The right to question each juror individually by counsel shall be inviolate.” See, e.g., Lamb v. Burns, 202 Conn. 158, 162, 520 A.2d 190 (1987); State v. Marsh, 168 Conn. 520, 521, 362 A.2d 523 (1975). Further, General Statutes § 54-82f4 provides that “[i]n any criminal action tried before a jury, either party shall have the right to examine, personally or by his counsel, each juror outside the presence of other prospective jurors as to his qualifications to sit as a juror in the action, or as to his interest, if any, in the subject matter of the action, or as to his relations with the parties thereto. ...”

Because of the wide range of cases submitted to juries and the impossibility of establishing a set pattern of questions appropriate for the voir dire examination of [512]*512prospective jurors, the trial court is vested with broad discretion in determining the scope of counsel’s inquiry. State v. Anthony, 172 Conn. 172, 175, 374 A.2d 156 (1976). The court has a duty to analyze the examination of venire members and to act to prevent abuses in the voir dire process. Accord State v. Haskins, 188 Conn. 432, 450 A.2d 828 (1982). Therefore, the court’s actions ordinarily will not be disturbed unless the court has clearly abused its discretion or it appears that prejudice to one of the parties has resulted. State v. Dahlgren, 200 Conn. 586, 601, 512 A.2d 906 (1986); State v. Rogers, 197 Conn. 314, 318, 497 A.2d 387 (1985); State v. Anthony, supra, 174; State v. Higgs, 143 Conn. 138, 142, 120 A.2d 152 (1956).

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

Related

State v. James K.
209 Conn. App. 441 (Connecticut Appellate Court, 2021)
State v. Madkins
219 P.3d 831 (Court of Appeals of Kansas, 2009)
State v. Ross
849 A.2d 648 (Supreme Court of Connecticut, 2004)
State v. Lugo
835 A.2d 451 (Supreme Court of Connecticut, 2003)
State v. Tomlin
835 A.2d 12 (Supreme Court of Connecticut, 2003)
State v. Rios
810 A.2d 812 (Connecticut Appellate Court, 2002)
State v. Nicholson
803 A.2d 391 (Connecticut Appellate Court, 2002)
State v. Signore, No. Cr 00-133453 S (Dec. 11, 2001)
2001 Conn. Super. Ct. 16476 (Connecticut Superior Court, 2001)
State v. Franklin, No. Mv 99 0203450s (May 7, 2001)
2001 Conn. Super. Ct. 5977 (Connecticut Superior Court, 2001)
State v. Griffin
741 A.2d 913 (Supreme Court of Connecticut, 1999)
State v. Hodge
726 A.2d 531 (Supreme Court of Connecticut, 1999)
State v. Caballero
714 A.2d 1254 (Connecticut Appellate Court, 1998)
State v. Henry
713 A.2d 873 (Connecticut Appellate Court, 1998)
Evans v. Commissioner of Correction
709 A.2d 1136 (Connecticut Appellate Court, 1998)
State v. Malave
707 A.2d 307 (Connecticut Appellate Court, 1998)
State v. Radzvilowicz
703 A.2d 767 (Connecticut Appellate Court, 1997)
State v. Smith
700 A.2d 91 (Connecticut Appellate Court, 1997)
Laudano v. Commissioner of Correction, No. Cv 97-0395828-S (Aug. 28, 1997)
1997 Conn. Super. Ct. 9727 (Connecticut Superior Court, 1997)
State v. Ledbetter
692 A.2d 713 (Supreme Court of Connecticut, 1997)
State v. Faust
678 A.2d 910 (Supreme Court of Connecticut, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
525 A.2d 509, 203 Conn. 506, 1987 Conn. LEXIS 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dolphin-conn-1987.