State v. Murray

Connecticut Appellate Court

State v. Murray

49 Conn. App. 847

CourtConnecticut Appellate Court

DecidedJune 30, 1998

DocketAC 16916

StatusPublished

This text of 49 Conn. App. 847 (State v. Murray) 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. Murray, 49 Conn. App. 847 (Colo. Ct. App. 1998).

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Opinion

Per Curiam.

We agree with the trial court that there was no evidence of availability of the missing witness whom the defendant claimed that the state should have produced. See State v. Jones, 46 Conn. App. 640, 656, 700 A.2d 710, cert. denied, 243 Conn. 941, 704 A.2d 797 (1997). The trial court’s determination of fact in so finding was not clearly erroneous. On the basis of the record, we cannot say that the trial court’s decision not to give an adverse inference instruction was clearly erroneous. State v. Battle, 39 Conn. App. 742, 746, 667 A.2d 1288 (1995), cert. denied, 237 Conn. 922, 676 A.2d 1375, cert. denied, 519 U.S. 955, 117 S. Ct. 373, 136 L. Ed. 2d 263 (1996).

The judgment is affirmed.

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Per Curiam.

We agree with the trial court that there was no evidence of availability of the missing witness whom the defendant claimed that the state should have produced. See State v. Jones, 46 Conn. App. 640, 656, 700 A.2d 710, cert. denied, 243 Conn. 941, 704 A.2d 797 (1997). The trial court’s determination of fact in so finding was not clearly erroneous. On the basis of the record, we cannot say that the trial court’s decision not to give an adverse inference instruction was clearly erroneous. State v. Battle, 39 Conn. App. 742, 746, 667 A.2d 1288 (1995), cert. denied, 237 Conn. 922, 676 A.2d 1375, cert. denied, 519 U.S. 955, 117 S. Ct. 373, 136 L. Ed. 2d 263 (1996).

The judgment is affirmed.

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Bluebook (online)

49 Conn. App. 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-murray-connappct-1998.

Opinion

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