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   State Courts - Connecticut - February 10, 2009

  
State v. Misenti, AC 28872, APPELLATE COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: Revocation of defendant's probation was proper because, pursuant to Conn. Gen. Stat. § 53a-32a, evidence that defendant refused to discuss the details of his underlying sex offense at counseling was sufficient for the trial court to find that defendant violated the condition of his probation requiring him to undergo sex offender treatment.

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State v. Moore, AC 29099, APPELLATE COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: As defendant's probation officer possessed a reasonable suspicion to search defendant's apartment, the search did not violate defendant's right under the Fourth Amendment to be free from unreasonable searches.

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State v. Moye, AC 29894, APPELLATE COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: Sufficient evidence was presented to support murder conviction under Conn. Gen. Stat. § 53a-54a as although no forensic evidence was presented to link defendant to fatal shooting at issue, police officer and two other witnesses observed African-American heavyset male wearing a jersey, later identified as defendant, riding a bicycle away from scene.

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State v. Robinson, SC 18115, SUPREME COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: Because defendant had no reason to be at the premises, the State had probable cause to arrest him for third-degree criminal trespass under Conn. Gen. Stat. § 53a-109(a)(1) even though no sign prohibiting entry was posted on the premises and there was a gateless opening in the front concrete wall of the premises.

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State v. Smith, AC 28280, APPELLATE COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: As the State had issued a subpoena for a witness in a prior trial and she could not be found, and the State made a good faith, reasonable and diligent effort to locate the witness and did not abuse its discretion in determining that she was unavailable, the witness's testimony from the first trial was properly allowed under Conn. Code Evid. R. 8-6.

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