State v. Saturno

Opinion

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STATE v. SATURNO—CONCURRENCE

ZARELLA, J., concurring. I agree with the majority that, because none of the claims raised by the defendant , Donald Saturno, has merit, the judgment of the trial court should be affirmed. I write separately, however , to reiterate my belief that the approach this court adopted in State v. Geisler, 222 Conn. 672, 684–85, 610 A.2d 1225 (1992), for analyzing state constitutional claims requires modification. As I stated in my concurrence in State v. Skok, 318 Conn. 699, 724, 122 A.3d 608 (2015), ‘‘[i]n my view, only three of the six factors articulated in Geisler—the text of our constitution, state constitutional history, and Connecticut precedent —are consistently relevant. The other three factors vary in their relevance. Although there may be occasions when federal case law illuminates the meaning of provisions in our state constitution, I believe the precedent of our sister states and economic and sociological considerations rarely, if ever, are useful for this purpose.’’ Id., 725 (Zarella, J., concurring).

In the present case, the majority correctly concludes that neither the text of the state constitution, its history, nor our precedent supports the defendant’s claim under article first, § 7, of the Connecticut constitution. The majority nevertheless proceeds to consider the case law of other jurisdictions, as well as economic and sociological concerns, which I believe should play no role in our resolution of the defendant’s claim. Accordingly , I respectfully concur.