State v. Stevenson

797 A.2d 1, 70 Conn. App. 29, 2002 Conn. App. LEXIS 264
CourtConnecticut Appellate Court
DecidedMay 21, 2002
DocketAC 20133
StatusPublished
Cited by23 cases

This text of 797 A.2d 1 (State v. Stevenson) 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. Stevenson, 797 A.2d 1, 70 Conn. App. 29, 2002 Conn. App. LEXIS 264 (Colo. Ct. App. 2002).

Opinion

Opinion

LAVERY, C. J.

The defendant, Jimmy Stevenson, appeals from the judgment of conviction, rendered after a jury trial, of burglary in the second degree as an accessory in violation of General Statutes §§ 53a-8 and 53a-102, conspiracy to commit burglary in the second degree in violation of General Statutes §§ 53a-48 and 53a-102, larceny in the fifth degree as an accessory in violation of General Statutes §§ 53a-8 and 53a-125a, conspiracy to commit larceny in the fifth degree in violation of §§ 53a-48 and 53a-125a, burglary in the third degree as an accessory in violation of General Statutes §§ 53a-8 and 53a-103, conspiracy to commit burglary in the third degree in violation of §§ 53a-48 and 53a-103, larceny in the second degree as an accessory in violation of General Statutes §§ 53a-8 and 53a-123, and conspiracy to commit larceny in the second degree in violation of §§ 53a-48 and 53a-123.

The defendant claims that (1) the prosecutor engaged in prosecutorial misconduct that deprived the defendant of his constitutional right to a fair trial, (2) the court improperly denied his motion to suppress his [31]*31written confession and (3) the court improperly violated his constitutional right against double jeopardy when it sentenced him under two conspiracy convictions arising from the same incident. Because we conclude that the prosecutor engaged in prosecutorial misconduct that deprived the defendant of his right to a fair trial, we reverse the judgment of the trial court and order a new trial. We also address the defendant’s claim that the court improperly denied his motion to suppress his confession because the issue is likely to arise in the new trial.

The jury reasonably could have found the following facts. On the evening of October 22,1998, Marilyn Mejia returned home from church and found that her first floor apartment at 475 Myrtle Street in New Britain had been burglarized.1 The next afternoon, Dorotka Wilczynska returned home from shopping and found that her first floor apartment at 200 Smith Street in New Britain had been burglarized.2 On November 11, 1998, two detectives from the New Britain police department, William Durkin and Stanley Masternak, questioned the defendant, who was under arrest and in custody on another charge, regarding the two burglaries. The defendant waived his Miranda3 rights, orally confessed to the crimes, and signed a written statement indicating his complicity as a conspirator and accessory thereto. During the trial that followed, the court denied the defendant’s motion to suppress his written confession. Thereafter, the jury returned a verdict of guilty on all eight charges against the defendant. This appeal followed.

[32]*32I

The defendant claims that he was denied his constitutional right to a fair trial due to prosecutorial misconduct during the cross-examination of witnesses and closing argument. He claims that the prosecutor improperly shifted the burden to the defendant to show that the police witnesses were liars, expressed her personal views as to the witnesses’ credibility and referred to facts outside the record. The defendant objected to only some of the alleged improprieties at trial and now seeks review of his unpreserved claim pursuant to State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989), the plain error doctrine and the court’s supervisory powers.

Under Golding, “a defendant can prevail on a claim of constitutional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt.” (Emphasis in original.) Id. “The first two Golding requirements involve whether the claim is reviewable, and the second two involve whether there was constitutional error requiring a new trial.” (Internal quotation marks omitted.) State v. Westberry, 68 Conn. App. 622, 635, 792 A.2d 154, cert. denied, 260 Conn. 923, 797 A.2d 519 (2002).

We conclude that the record is adequate for review and that the claim of prosecutorial misconduct in violation of a fundamental right is of constitutional magnitude. State v. Jefferson, 67 Conn. App. 249, 266, 786 A.2d 1189 (2001), cert. denied, 259 Conn. 918, 791 A.2d 566 (2002). Because we also conclude that there was [33]*33constitutional error requiring a new trial, the defendant has satisfied all four prongs of Golding and there is no need to conduct plain error review or to invoke our supervisory powers to reverse the defendant’s conviction.

The standard of review for a claim of prosecutorial misconduct is well established. “[T]o deprive a defendant of his constitutional right to a fair trial . . . the prosecutor’s conduct must have so infected the trial with unfairness as to make the resulting conviction a denial of due process. . . . We 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.” (Internal quotation marks omitted.) State v. Correa, 241 Conn. 322, 356-57, 696 A.2d 944 (1997).

“We have long recognized the special role played by the state’s attorney in a criminal trial. He is not only an officer of the court, like every other attorney, but is also a high public officer, representing the people of the State, who seek impartial justice for the guilty as much as for the innocent. ... By reason of his office, he usually exercises great influence upon jurors. His conduct and language in the trial of cases in which human life or liberty are at stake should be forceful, but fair, because he represents the public interest, which demands no victim and asks no conviction through the aid of passion, prejudice or resentment. If the accused be guilty, he should none the less be convicted only after a fair trial, conducted strictly according to the sound and well-established rules which the laws prescribe.” (Internal quotation marks omitted.) State v. Alexander, 254 Conn. 290, 302, 755 A.2d 868 (2000).

Prosecutorial misconduct may occur in the course of cross-examination of witnesses and during closing [34]*34argument. State v. Atkinson, 235 Conn. 748, 768-69, 670 A.2d 276 (1996); State v. Daniels, 42 Conn. App. 445, 456, 681 A.2d 337, cert. denied, 239 Conn. 928, 683 A.2d 397 (1996). “In determining whether prosecutorial misconduct was so serious as to amount to a denial of due process, this court . . . has focused on several factors.” State v. Williams, 204 Conn. 523, 540,

Related

In Re: Adoption of S.A.K., a Minor
Superior Court of Pennsylvania, 2017
Jenkins v. State
2011 WY 141 (Wyoming Supreme Court, 2011)
Barnes v. State
2011 WY 62 (Wyoming Supreme Court, 2011)
State v. Lockhart
4 A.3d 1176 (Supreme Court of Connecticut, 2010)
Proffit v. State
2008 WY 114 (Wyoming Supreme Court, 2008)
State v. Linarte
944 A.2d 369 (Connecticut Appellate Court, 2008)
State v. Cromety
925 A.2d 1133 (Connecticut Appellate Court, 2007)
Jensen v. State
2005 WY 85 (Wyoming Supreme Court, 2005)
State v. Stevenson
858 A.2d 876 (Connecticut Appellate Court, 2004)
State v. Spencer
840 A.2d 7 (Connecticut Appellate Court, 2004)
State v. Bermudez
830 A.2d 288 (Connecticut Appellate Court, 2003)
State v. Hilton
829 A.2d 890 (Connecticut Appellate Court, 2003)
State v. Bothwell
826 A.2d 182 (Connecticut Appellate Court, 2003)
Beaugureau v. State
2002 WY 160 (Wyoming Supreme Court, 2002)
State of Connecticut v. Alex Sostre.
2002 Conn. Super. Ct. 13521 (Connecticut Superior Court, 2002)
State v. Sostre
831 A.2d 844 (Connecticut Superior Court, 2002)
Piteau v. Horanieh, No. Cv 00-0598361 S (Sep. 26, 2002)
2002 Conn. Super. Ct. 12335 (Connecticut Superior Court, 2002)
State v. Pereira
805 A.2d 787 (Connecticut Appellate Court, 2002)
State v. Wickes
805 A.2d 142 (Connecticut Appellate Court, 2002)
State v. Stevenson
806 A.2d 1057 (Supreme Court of Connecticut, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
797 A.2d 1, 70 Conn. App. 29, 2002 Conn. App. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stevenson-connappct-2002.