State v. Ghant

212 Conn. App. 662
CourtConnecticut Appellate Court
DecidedMay 31, 2022
DocketAC44146
StatusPublished
Cited by2 cases

This text of 212 Conn. App. 662 (State v. Ghant) 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. Ghant, 212 Conn. App. 662 (Colo. Ct. App. 2022).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** STATE OF CONNECTICUT v. JOVAN MARQUIS GHANT (AC 44146) Prescott, Clark and DiPentima, Js.

Syllabus

Convicted, after a jury trial, of the crimes of unlawful restraint in the first degree, assault in the third degree and threatening in the second degree, and, after pleas of guilty, of being a persistent offender, the defendant appealed to this court. He claimed, inter alia, that the trial court violated his sixth amendment right to self-representation when it denied his request to proceed as a self-represented party. At a pretrial hearing, at which his counsel was not present, the defendant stated to the court that he wanted to fire his counsel. When the court began to explain that it was not allowed to talk directly with him without his attorney present, the defendant interjected and asserted that he wanted to defend himself. The court then said, ‘‘I can’t,’’ twice in an attempt to finish its sentence and thereafter reiterated, ‘‘I can’t talk to you about’’ self- representation. When the defendant asked for a transcript of the proceed- ings, the court stated, ‘‘[n]o, no. You’re not getting canvassed’’ as to self-representation and told him to file an appearance with the clerk’s office, after which he would be canvassed at the next court proceed- ing. Held: 1. The trial court did not violate the defendant’s sixth amendment right to self-representation, as his statements to the court did not constitute a clear and unequivocal request to proceed as a self-represented party: the court neither clearly nor conclusively denied the defendant’s request to represent himself but, rather, emphasized that it did not want to, and could not, speak with him without his attorney present, as the court’s statements, ‘‘I can’t,’’ and, ‘‘I can’t talk to you about this,’’ reasonably could have referred to its view that it could not properly talk to the defendant about his request without his attorney present, and the court’s statement, ‘‘[n]o, no. You’re not getting canvassed,’’ could not be read as a clear denial of the defendant’s request to represent himself, as it was not clear from the transcript of the proceeding to what the court was saying no; moreover, although the court inadvisably instructed the defendant, who was incarcerated throughout the proceedings, to file a pro se appearance with the clerk’s office and stated that he would be canvassed at the next court hearing, the court did not condition its willingness to consider his request on the fulfillment of that instruction, and its acknowledgment of his right to self-representation and suggestion that the required canvass would occur at a later date refuted the defen- dant’s assertion that the court clearly and conclusively denied his request; furthermore, the defendant waived his right to self-representa- tion when he acquiesced in representation by counsel at subsequent hearings and at trial, and failed to reassert that right. 2. The trial court did not abuse its discretion in limiting the scope of defense counsel’s cross-examination of the victim regarding her motivation for not wanting to go to jail; the court did not unduly restrict counsel’s cross-examination, as it permitted counsel to question the victim about her statement to the police that she did not want to go to jail so as to expose her motive, interest, bias or prejudice in cooperating with the police, and, as the victim admitted that she did not want to go to jail, her motive to avoid prison was undisputed. Argued February 2—officially released May 31, 2022

Procedural History

Substitute information charging the defendant with the crimes of unlawful restraint in the first degree, assault in the third degree, strangulation in the second degree and threatening in the second degree, and two part B informations charging the defendant in each with being a persistent offender, brought to the Superior Court in the judicial district of New Haven, where the substitute information was tried to the jury before B. Fischer, J.; verdict of guilty of unlawful restraint in the first degree, assault in the third degree and threatening in the second degree; thereafter, the defendant was presented to the court on pleas of guilty to the part B informations; judgment in accordance with the verdict and the pleas, from which the defendant appealed to this court. Affirmed. James B. Streeto, senior assistant public defender, with whom was Emily M. Shouse, former certified legal intern, for the appellant (defendant). Nathan J. Buchok, deputy assistant state’s attorney, with whom, on the brief, were Patrick J. Griffin, state’s attorney, and Jason Germain, senior assistant state’s attorney, for the appellee (state). Opinion

PRESCOTT, J. The defendant, Jovan Marquis Ghant, appeals from the judgment of conviction, rendered fol- lowing a jury trial, of unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a), assault in the third degree in violation of General Stat- utes § 53a-61 (a) (1), and threatening in the second degree in violation of General Statutes § 53a-62 (a) (1). On appeal, the defendant claims that the trial court (1) violated his right to self-representation under the sixth amendment to the United States constitution and article first, § 8, of the Connecticut constitution1 by denying his request to represent himself and (2) violated his right to confront the witnesses against him under the sixth amendment by improperly limiting cross-examina- tion of the state’s key witness. We affirm the judgment of the trial court. On the basis of the evidence admitted at trial, the jury reasonably could have found the following facts. In early July, 2018, the victim, B,2 met the defendant in New Haven, and, thereafter, the two entered into a relationship. B and the defendant were homeless and were living together in a car that was owned by the defendant’s friend. On July 21, 2018, at about 8:30 p.m., B and the defendant were inside the car, which was parked along a sidewalk in the Wooster Street neighbor- hood of New Haven. B and the defendant began arguing because the defendant thought that B had been flirting with the defendant’s friends earlier in the day. Francesca Djerejian and her boyfriend, Craig Vargas, who were visiting New Haven for the weekend, wit- nessed the argument. Djerejian and Vargas were walk- ing from the Omni Hotel, where they were staying, to the Wooster Street neighborhood to have pizza at a restaurant. En route to the restaurant, the couple saw the car parked along the sidewalk. As they passed the car, they heard B and the defendant arguing inside.

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Related

State v. Benson
235 Conn. App. 594 (Connecticut Appellate Court, 2025)
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Bluebook (online)
212 Conn. App. 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ghant-connappct-2022.