State v. Talton

497 A.2d 35, 197 Conn. 280, 1985 Conn. LEXIS 879
CourtSupreme Court of Connecticut
DecidedAugust 27, 1985
Docket11473
StatusPublished
Cited by140 cases

This text of 497 A.2d 35 (State v. Talton) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Talton, 497 A.2d 35, 197 Conn. 280, 1985 Conn. LEXIS 879 (Colo. 1985).

Opinion

Dannehy, J.

The defendant was charged in the first part of an indictment with the crime of sexual assault in the first degree in violation of § 53a-70 of the General Statutes.1 He was tried by a jury and found guilty. The defendant was also charged in the second part of the indictment with being a persistent dangerous felony offender under § 53a-40 of the General Statutes.2 The subsequent court trial on that charge also resulted in a conviction. No claims of error are directed against this conviction under the second part of the indictment apart from those relating to the predicate offense in the first part of the indictment. After his post-trial motions were denied, the defendant was sentenced to the custody of the commissioner of correction for a term of not less than twenty-five years nor more than life.

The defendant did not testify at the trial. The complainant testified that at approximately 6 p.m. on February 13, 1981, she and a neighbor were together [282]*282at her apartment in New Haven. They heard a knock on the door. The neighbor opened the door and a man whom the complainant identified as the defendant entered the room. After the neighbor left, the defendant made sexual advances toward the complainant. She demanded that he leave. At this point she was grabbed by the defendant, thrown onto a bed and forced to engage in sexual intercourse. When the defendant released her, she ran to her neighbor for refuge. The neighbor saw the defendant leave the complainant’s apartment. Police officers took the complainant to a hospital where a vaginal smear was taken. The laboratory tests indicated the presence of sperm. The defendant denied having intercourse with the complainant on that occasion, although he sharply questioned her on the issue of forcible compulsion, so that the case was in large part one of credibility.

It is unnecessary to elaborate the facts further. Indeed, the evidence unquestionably was sufficient to sustain the charge made in the first part of the indictment. This appeal is based upon a series of questions that raise four main issues: (1) whether the trial court’s exclusion of any evidence regarding the determination of paternity of the child allegedly conceived during the rape of which the defendant was accused violated his state and federal constitutional rights to cross-examine witnesses and to establish a defense; (2) whether the trial court erred by permitting the state to show in its case in chief that the defendant had lied when he stated, during police interrogation that followed Miranda warnings, that he had never before been arrested; (3) whether the trial court denied the defendant assistance of counsel and due process of law in violation of the fifth and fourteenth amendments by permitting the state to present evidence that the defendant had refused to answer a question during police interrogation; and (4) whether the trial court erred and denied [283]*283the defendant effective assistance of counsel, the right to present his defense, and the right to compulsory process in violation of the sixth and fourteenth amendments and article first, § 8, of the Connecticut constitution by refusing to call to the stand an available witness who assertedly would have presented evidence material and favorable to the defense. Additional facts will be discussed as may be necessary to place these issues in appropriate context.

I

The defendant first contends that the trial court’s exclusion of any evidence regarding the paternity of a child allegedly conceived during the sexual assault violated his state and federal constitutional rights to cross-examine witnesses and to establish a defense. We disagree.

Prior to trial, the defendant requested that the trial court order the complainant and her child to submit to a blood test “for the purposes of determining paternity.” The defendant’s request was based on the complainant’s grand jury testimony that she believed, from what she had been told in the hospital, that whoever assaulted her on the night in question was the father of her child. The defendant claimed that medical evidence establishing that he was not the father of the child “would be strong exculpatory evidence . . . that he was not the individual who committed the offense.” The trial court, correctly noting that it could not make substantive use of the complainant’s grand jury testimony; see General Statutes § 54-45a (b); denied the motion on the ground of relevance but indicated that it would reconsider the request at a later stage in the trial, if a proper factual foundation could be established.

At the conclusion of the complainant’s direct testimony, the defendant renewed his request for blood testing and moved that he be allowed to cross-examine the [284]*284complainant concerning the paternity issue. The trial court expressed strong concern that, on the state of the record as developed to that point, the issue of paternity appeared to be irrelevant. The defendant was allowed, however, in the absence of the jury, to question the complainant extensively in order to explore this issue. The defendant apparently advanced various theories as to the relevance of the paternity issue but he was unable to establish any causal connection between the sexual assault and the child’s paternity. Eventually, defense counsel himself conceded that “the issue as far as the law is concerned, is, of course, not relevant. . . .” The trial court then remarked that it would not “allow this case to be turned into some type of paternity proceeding” and ultimately ruled that “the inquiries with respect to the paternity or lack of paternity of a child born some nine and a half months later on the state of this record, are irrelevant.” The defendant objected and properly excepted.

“The rights to confront and cross-examine witnesses and to call witnesses in one’s own behalf have long been recognized as essential to due process.” Chambers v. Mississippi, 410 U.S. 284, 294, 93 S. Ct. 1038, 35 L. Ed. 2d 297 (1973). The cross-examination of a witness in an effort to show his or her motive, interest, bias, or prejudice against a party is a matter of right, although the extent of such cross-examination is within the judicial discretion of the court. State v. Tropiano, 158 Conn. 412, 426, 262 A.2d 147 (1969), cert. denied, 398 U.S. 949, 90 S. Ct. 1866, 26 L. Ed. 2d 288 (1970); State v. Luzzi, 147 Conn. 40, 46, 156 A.2d 505 (1959). “It is a reasonable exercise of judicial discretion to exclude questions which would introduce issues foreign to the case; State v. Dortch, 139 Conn. 317, 325, 93 A.2d 490 [1952]; or evidence the relevancy of which appears to be so slight and inconsequential that to admit it would distract attention which should be concentrated [285]*285on vital issues of the case. State v. Bassett, 151 Conn. 547, 551, 200 A.2d 473 [1964].” State v. Mahmood, 158 Conn. 536, 540, 265 A.2d 83 (1969).

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Cite This Page — Counsel Stack

Bluebook (online)
497 A.2d 35, 197 Conn. 280, 1985 Conn. LEXIS 879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-talton-conn-1985.