State v. Hardwick

475 A.2d 315, 1 Conn. App. 609
Procedural entryThis page is a short order in State v. Hardwick. Read the opinion of the Court — 1 Conn. App. 609
Connecticut Appellate Court·Decided May 1, 1984·No. 2802·Published

Opinion

Testo, J.

After a trial to a jury, the defendant was convicted of the crime of assault in the first degree for violation of General Statutes § 53a-59 (a) (1). In his [610] appeal,1 the defendant assigns as error (1) the trial judge’s conduct toward the defendant’s counsel; (2) certain evidentiary rulings; and (3) the trial judge’s charge to the jury on the issue of self-defense.

The facts may be summarized as follows: The defendant and the victim, after having been introduced in a telephone conversation in 1980, had contact with each other mostly through letters. She saw him for a second time on January 6,1982. After she had sexual relations with the defendant on that date, a disagreement ensued between them regarding their future plans and overall relationship. Thereafter, the defendant allegedly attacked the victim with a knife, inflicting stab and slash wounds to the victim’s head, neck and hand. From early afternoon until the evening, the defendant drove the victim from Shelton to Ashford. In Ashford, the defendant told the victim to walk to a house and get assistance.

On February 7,1982, the defendant was arrested and charged with kidnapping in the first degree and assault in the first degree. He was found guilty of the assault charge only and sentenced to a term of twelve years.

I

The defendant claims that the trial court’s numerous interruptions, the chastisement of his counsel and the failure to permit his counsel to speak on the record deprived him of his right to a fair trial. We agree.

The function of the court in a criminal trial is to conduct a fair and impartial proceeding. Glasser v. United States, 315 U.S. 60, 82, 62 S. Ct. 457, 86 L. Ed. 680 (1942); State v. Bember, 183 Conn. 394, 401, 439 A.2d 387 (1981); see also Wojculewicz v. Cummings, 145 Conn. 11, 19, 138 A.2d 512, cert. denied, 356 U.S. 969, [611] 78 S. Ct. 1010, 2 L. Ed. 2d 1075 (1958). The trial judge must avoid taking an apparent position of advocacy in the case before him. State v. Bember, supra, 402; State v. Echols, 170 Conn. 11, 13-14, 364 A.2d 225 (1975). Judges in this state, however, are given wide latitude to comment fairly and reasonably upon evidence received at trial, but the court must refrain from making improper remarks which are indicative of favor or condemnation, or which disparage a defendant before the jury. Id.; see also La Chase v. Sanders, 142 Conn. 122, 125, 111 A.2d 690 (1955). Even though a judge may take all reasonable steps necessary for the orderly progress of the trial, he must always be cautious and circumspect in his language and conduct. Cameron v. Cameron, 187 Conn. 163, 169, 444 A.2d 915 (1982).

It is evident from a review of the transcript that a departure from these standards occurred in the trial court. On cross-examination of the victim, the trial judge interrupted counsel for the defendant on many occasions.2 Where, as in the present case, much of the [612] evidence of the commission of a crime is based upon the testimony of the complainant, the court must allow the defendant a broad latitude on cross-examination. Any undue interference may seriously curtail the legitimate and proper defense of the accused. State v. Gionfriddo, 154 Conn. 90, 96, 221 A.2d 851 (1966). The repeated interruptions and rebukes of counsel by the trial judge prejudiced the defendant’s case, thereby denying him a fair trial. Id., 97.

[613] In addition, the judge made prejudicial statements to the jury, embarassed counsel and denied counsel the right to speak on the record.3 We find that the court’s [614] remarks and conduct far exceeded the permissible bounds of a judge’s function during a trial. The defendant’s trial was not a fair one since it was not conducted [615] in all material things in substantial conformity to law, before an impartial judge and an unprejudiced jury in the atmosphere of judicial calm. See Wojculewicz v. Cummings, supra. We therefore conclude that the trial court’s conduct constituted reversible error. Since the defendant must be afforded a new trial, his other claims of error will be reviewed by us.

II

The second issue raised by the defendant concerns the admission of certain evidence: the color photographs of the victim’s head, the tracking-dog evidence and the testimony of a physician based on a hypothetical question.

A

The trial court, over objections by the defendant, admitted into evidence several photographs of the head of the victim in the emergency room of the hospital. The defendant argues that this evidence should have been excluded because the trooper who took the pictures could not distinguish between blood and disinfectant and, therefore, the photos were not a true representation of the victim’s condition.

“The great weight of authority is that photographs, even though gruesome, are admissible in evidence when otherwise properly admitted if they have a reasonable tendency to prove or disprove a material fact in issue or shed some light upon some material inquiry . . . . A photograph, the tendency of which may be to prejudice the jury, may be admitted in evidence if, in the sound discretion of the court, its value as evidence outweighs its possible prejudicial effect.” State v. Haskins, 188 Conn. 432, 452-53, 450 A.2d 828 (1982); State v. LaBreck, 159 Conn. 346, 351, 269 A.2d 74 (1970).

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State v. Hardwick, 475 A.2d 315, 1 Conn. App. 609 (Colo. Ct. App. 1984).

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Related

Glasser v. United States
315 U.S. 60 (Supreme Court, 1942)
Wojculewicz v. Cummings
138 A.2d 512 (Supreme Court of Connecticut, 1958)
State v. Gaynor
438 A.2d 749 (Supreme Court of Connecticut, 1980)
State v. Gionfriddo
221 A.2d 851 (Supreme Court of Connecticut, 1966)
State v. Wilson
423 A.2d 72 (Supreme Court of Connecticut, 1979)
State v. Wilson
429 A.2d 931 (Supreme Court of Connecticut, 1980)
State v. Giguere
439 A.2d 1040 (Supreme Court of Connecticut, 1981)
State v. Bember
439 A.2d 387 (Supreme Court of Connecticut, 1981)
State v. Hines
445 A.2d 314 (Supreme Court of Connecticut, 1982)
State v. Cari
303 A.2d 7 (Supreme Court of Connecticut, 1972)
State v. Cassino
449 A.2d 154 (Supreme Court of Connecticut, 1982)
State v. Tedesco
397 A.2d 1352 (Supreme Court of Connecticut, 1978)
State v. LaBreck
269 A.2d 74 (Supreme Court of Connecticut, 1970)
LaChase v. Sanders
111 A.2d 690 (Supreme Court of Connecticut, 1955)
State v. Haskins
450 A.2d 828 (Supreme Court of Connecticut, 1982)
State v. Varricchio
408 A.2d 239 (Supreme Court of Connecticut, 1979)
State v. Sumner
422 A.2d 299 (Supreme Court of Connecticut, 1979)
State v. DeMatteo
443 A.2d 915 (Supreme Court of Connecticut, 1982)
State v. Piskorski
419 A.2d 866 (Supreme Court of Connecticut, 1979)
Healy v. White
378 A.2d 540 (Supreme Court of Connecticut, 1977)