State v. Lanier

664 A.2d 1202, 39 Conn. App. 478, 1995 Conn. App. LEXIS 424
CourtConnecticut Appellate Court
DecidedSeptember 26, 1995
Docket12776
StatusPublished
Cited by3 cases

This text of 664 A.2d 1202 (State v. Lanier) 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. Lanier, 664 A.2d 1202, 39 Conn. App. 478, 1995 Conn. App. LEXIS 424 (Colo. Ct. App. 1995).

Opinion

HENNESSY, J.

The defendant appeals from the judgment of conviction, rendered after a trial by jury, of robbery in the first degree in violation of General Stat[479]*479utes § 53a-134 (a) (4).1 The defendant claims that the trial court improperly (1) denied the motion for mistrial which the defendant based on an allegedly improper prosecutorial comment made during closing argument, and (2) instructed the jury on the elements of robbery in the first degree. We affirm the judgment of the trial court.

The jury could reasonably have found the following facts. On November 5, 1992, at approximately 6:45 p.m., the victim, David Carter, used an automatic teller machine in the Civic Center Mall in Hartford. Carter withdrew two $20 bills from the machine and then entered a nearby public restroom. While Carter was in the restroom, the defendant came up behind him, stuck an object that felt like a gun against his back and said: “I have a gun, give me the money.” Carter responded that he had no money. The defendant then turned Carter around, and demanded his watch and wallet. After a scuffle, which resulted in Carter’s being pushed into a stall by the defendant, Carter handed over the requested items. The defendant took the $40 and some credit cards out of the wallet, and discarded the wallet and the remaining cards. Carter was able to observe the defendant throughout the encounter, and did not see a gun. During the robbery, another man entered the restroom, observed what was happening and hurriedly left.

[480]*480The defendant closed the stall door, told Carter not to leave, and ran from the restroom. Carter emerged from the stall, picked up his wallet and the remaining credit cards and ran out of the restroom. Carter observed the defendant at the end of a long hallway leading back into the mall area and began to chase him. As Carter chased the defendant through the mall, yelling for help, two men tackled the defendant as he ran toward an exit. The defendant was then turned over to security guards who held him until the police arrived. No gun, watch or credit cards were found on the defendant, but $44, including two $20 bills, were found in his pocket.

At trial, the defendant testified that he was at the Civic Center with his mother on November 5,1992, and that she gave him $20. The defendant claimed that he and his mother went to the restroom area, and that when he entered the men’s room he heard scuffling from inside one of the stalls and someone saying, “Give me your money.” The defendant stated that, not wanting to become involved, he rejoined his mother and began walking back toward the mall area. The defendant testified that a man ran past them and, a few moments later, Carter came running after the defendant yelling that he had robbed him. The defendant ran from Carter and was subsequently tackled and arrested.

I

The defendant first claims that the trial court improperly denied his motion for a mistrial. That motion was based on an allegedly improper prosecutorial comment made during closing argument. The defendant contends that the prosecutor’s repeated comments that there was no dispute that a first degree robbery had occurred violated due process by suggesting to the jury that the state did not have to prove every element of the crime. We disagree.

[481]*481The following additional facts are necessary for the disposition of this claim. In his closing argument, the prosecutor twice stated that there was no dispute that a robbery in the first degree had been committed.2 When the state made the second of these references, the defendant objected. In argument over the objection, which took place in front of the jury, the state explained that in conversations that took place off the record the defense had indicated that it was not disputing that a first degree robbery had occurred and that it was defending against the charges on the theory that the defendant was not the guilty party.3 The trial court overruled the defendant’s objection. After the defendant’s closing argument, he moved for a mistrial on the basis of comments made by the prosecutor during closing argument, including those made in response to the objection. The challenged comments were heard by the jury. The trial court found that the prosecutor’s statements were harmless and denied the motion for a mistrial.

[482]*482The law is clear that prosecutorial misconduct may, in light of all the facts and circumstances of a particular trial, have “so infected the trial with unfairness as to make the resulting conviction a denial of due process.” (Internal quotation marks omitted.) State v. Williams, 204 Conn. 523, 539, 529 A.2d 623 (1987), quoting Darden v. Wainwright, 477 U.S. 168, 181, 106 S. Ct. 2464, 90 L. Ed. 2d 144 (1986). In cases where it is argued that prosecutorial misconduct requires a new trial, “[w]e do not focus alone, however, on the conduct of the prosecutor. The fairness of the trial and not the culpability of the prosecutor is the standard for analyzing the constitutional due process claims of criminal defendants alleging prosecutorial misconduct. State v. Palmer, 196 Conn. 157, 163, 491 A.2d 1075 (1985), quoting State v. Ubaldi, 190 Conn. 559, 562, 462 A.2d 1001, cert. denied, 464 U.S. 916, 104 S. Ct. 280, 78 L. Ed. 2d 259 (1983) . . . .” (Citations omitted; internal quotation marks omitted.) State v. Williams, supra, 539-40. When a defendant argues that an improper prosecutorial comment made during closing argument deprived him of a fair trial, our inquiry “is not . . . whether the remarks in question were proper or improper, but . . . whether the action of the trial corurt in refusing to grant a new trial on account of them, in the exercise of its discretion, so far exceeded or abused the discretion committed to it in a matter of this kind as to warrant us in granting a new trial.” (Internal quotation marks omitted.) State v. Fullwood, 194 Conn. 573, 584, 484 A.2d 435 (1984); see State v. Hawthorne, 176 Conn. 367, 373-74, 407 A.2d 1001 (1978).

The record in this case does not disclose that an improper comment deprived the defendant of a fair trial. The prosecutor’s explanation for why he told the jury that it was “undisputed” that a first degree robbery had occurred, reveals that there was no deliberate attempt to misdirect the jury. Furthermore, although it [483]*483was not proper for the prosecution to refer to the contents of off the record conversations with defense counsel that took place “outside the presence of the jury,” it was not so flagrantly improper that its effects were irremediable. The trial court, in its instructions to the jury, made it clear that the state had the responsibility of proving every element necessary to constitute the crime charged beyond a reasonable doubt based on facts established by the evidence. The court also directed the jury that “certain things are not evidence and you may not consider them in deciding what the facts are. These include the arguments and statements by the lawyers.

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Related

State v. Mendoza
714 A.2d 1250 (Connecticut Appellate Court, 1998)
State v. Sabre
687 A.2d 164 (Connecticut Appellate Court, 1996)
State v. Lanier
667 A.2d 1269 (Supreme Court of Connecticut, 1995)

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Bluebook (online)
664 A.2d 1202, 39 Conn. App. 478, 1995 Conn. App. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lanier-connappct-1995.