State v. Harris

575 A.2d 223, 215 Conn. 189, 1990 Conn. LEXIS 180
CourtSupreme Court of Connecticut
DecidedMay 29, 1990
Docket13888
StatusPublished
Cited by28 cases

This text of 575 A.2d 223 (State v. Harris) 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. Harris, 575 A.2d 223, 215 Conn. 189, 1990 Conn. LEXIS 180 (Colo. 1990).

Opinion

Callahan, J.

The defendant, Richard M. Harris, was charged in a summons and complaint with operating a motor vehicle while under the influence of liquor in violation of General Statutes § 14-227a.1 He subsequently filed a motion in limine requesting that the trial court exclude “any and all statements” made by him until the state had produced “material and substantial corroborative evidence” of the corpus delicti of the crime with which he was charged.

The trial court, after reviewing police reports, the statement of a witness, and memoranda filed by the state and the defendant, determined that there existed insufficient extrinsic evidence of operating under the influence to permit the introduction into evidence, at trial, of the defendant’s inculpatory statements.2 Con[191]*191ceding that it had no other extrinsic evidence and that it would be unable to obtain a conviction without the use of the defendant’s statements, the state moved the trial court to dismiss the charge against the defendant with prejudice. See State v. Ross, 189 Conn. 42, 49, 454 A.2d 266 (1983). The trial court granted the state’s motion and also granted the state permission to appeal its ruling on the defendant’s motion in limine. See General Statutes § 54-96.3 We find error.

The evidence available to the trial court for its review disclosed that in the early morning hours of June 4, 1988, at approximately 2:13 a.m., Scott Greenwood was driving on Daly Road in Coventry. At that time, at a point on Daly Road a short distance from his home, he observed a red Jeep lying on its side in the roadway. Apparently the Jeep had struck a large tree and rolled over. A man, later identified as the defendant, was standing in the road alongside the Jeep and flagged down Greenwood. After Greenwood stopped, he observed that the defendant had blood on his hands and face. Greenwood also perceived that the defendant appeared “out of it, like he was drunk.” It was Greenwood’s impression that the accident had occurred just moments before his arrival because the defendant inspected the damage to the Jeep as if seeing it for the first time.

While at the scene Greenwood refused the defendant’s request to assist him in righting the Jeep. Instead, with the defendant’s acquiescence, Greenwood proceeded to his home and called the Coventry police. When Officer Nancy Gillon arrived minutes later she [192]*192observed that the weather was dry, that the defendant had blood on his hands and face from minor cuts, that his eyes were glassy and bloodshot and that there was a strong odor of an intoxicating liquor emanating from his person. The officer also determined from the vehicle’s registration that the defendant was the owner of the Jeep. There is no mention in any of the police reports or other documents of any pedestrians or persons in the area of the accident prior to Greenwood’s arrival.4

While at the scene of the accident the defendant made statements to both Greenwood and Gillon in which he said that he was the only person in the Jeep and that he was its operator at the time of the accident. He also admitted, in response to Gillon’s questions while she was preparing the alcohol influence report, that he had been operating the Jeep and that he had been drinking prior thereto. It is these statements to Gillon and Greenwood that the trial court ruled were to be excluded at trial unless the state, independent of the defendant’s statements, produced further evidence of the corpus delicti of the crime, i.e., that the defendant was actually operating the Jeep while under the influence of intoxicating liquor prior to the accident.

“ Tt is a well-settled general rule that a naked extrajudicial confession of guilt by one accused of crime is not sufficient to sustain a conviction when unsupported by any corroborative evidence.’ (Emphasis added.) State v. Grant, 177 Conn. 140, 144, 411 A.2d 917 (1979).” State v. Arnold, 201 Conn. 276, 286, 514 A.2d 330 (1986). Properly, the corroborative evidence of the corpus delicti should be presented; and the court satisfied of its material character and adequacy to ren[193]*193der any inculpatory statements admissible before they are allowed into evidence. State v. DelVecchio, 191 Conn. 412, 426-27, 464 A.2d 813 (1983). This corroborating evidence, however, may be circumstantial in nature. State v. Arnold, supra.

In State v. Tillman, 152 Conn. 15, 20, 202 A.2d 494 (1964), we adopted Wigmore’s definition that limits the required showing of the corpus delicti to the specific kind of loss or injury embraced in the crime charged. 7 J. Wigmore, Evidence (3d Ed.) § 2072. In Tillman, which involved a manslaughter prosecution, we held that, “in a homicide case, the corpus delicti is the fact of the death, whether or not feloniously caused, of the person whom the accused is charged with having killed or murdered.” State v. Tillman, supra. Tillman, however, did not decide the applicability of its corpus delicti rule to a crime that is conduct oriented rather than harm or injury oriented. In this case, for instance, § 14-227a, the statute allegedly violated by the defendant, does not prohibit any particular harmful result but rather proscribes the conduct of operating a motor vehicle on a public highway while under the influence of intoxicating liquor. Because there is no harmful result or injury embraced in the statute it is nearly impossible to apply the Tillman corpus delicti rule to such a crime. See State v. Parker, 315 N.C. 222, 232-33, 337 S.E.2d 487 (1985).

Therefore, when the crime charged prohibits certain conduct but does not encompass a specific harm, loss or injury, a different approach to the corpus delicti rule, other than that enunciated in Tillman, is required. We conclude that the most reasonable approach is that stated in Opper v. United States, 348 U.S. 84, 93, 75 S. Ct. 158, 99 L. Ed. 101 (1954), wherein the court said: “[W]e think the better rule to be that the corroborative evidence need not be sufficient, independent of the statements, to establish the corpus delicti. It is [only] [194]*194necessary, therefore, to require the Government to introduce substantial independent evidence which would tend to establish the trustworthiness of the [defendant’s] statement. ’ ’

“The federal courts are nearly unanimous in approving [this] trustworthiness version of corroboration. . . . Also, the corroboration rule focusing on the sufficiency of independent evidence tending to demonstrate the trustworthiness of the defendant’s confession has found favor with [an increasing] number of state courts.” (Citations omitted.) State v. Parker, supra, 235-36; Bremerton v. Corbett, 106 Wash. 2d 569, 578, 723 P.2d 1135 (1986); see also 4 F. Wharton, Criminal Evidence (14th Ed. 1987), Confessions and Admissions § 648.

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Cite This Page — Counsel Stack

Bluebook (online)
575 A.2d 223, 215 Conn. 189, 1990 Conn. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harris-conn-1990.