State v. Smith

861 A.2d 1178, 271 Conn. 945, 2004 Conn. LEXIS 514

Opinion

The petition by the state of Connecticut for certification for appeal from the Appellate Court, 85 Conn. App. 96 (AC 23414), is granted, limited to the following issues:

“1. Did the Appellate Court properly reverse the judgment of conviction based upon the trial court’s failure to hold an evidentiary hearing pursuant to General Statutes § 54-86f?

“2. Did the Appellate Court properly conclude that General Statutes § 54-86f (1) requires that a defendant be permitted to introduce evidence of any semen that is found on the victim?

“3. Did the Appellate Court properly conclude that a defendant whose defense is misidentification must be permitted to present evidence of semen from a third party without having to first show the relevance of that semen to the sexual assault?”