State Appeals Connecticut Court Decision to Set Aside Felony Conviction
by
For a free consultation with an experienced criminal defense attorney, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
In the case of State v. Morrissette, the state of Connecticut was granted certification to appeal from a judgment of the Connecticut Appellate Court. The appellate court had granted the accused's motion to dismiss the State's appeal of a decision to grant the accused a new trial. The appeal was limited to whether Connecticut law and policy authorized the State to take an immediate appeal from such a decision.
The accused filed motions for a new trial and to set aside the verdict on the basis of alleged juror misconduct. The trial court granted his motion for a new trial but expressly declined to address any other motions. The appellate court granted the accused's motion to dismiss the State's appeal. The State argued that Connecticut law authorized it to take an immediate appeal from the trial court's decision to grant defendant a new trial. The court disagreed and affirmed the dismissal. The court first held, in light of the legislative history and contrary to state's argument, that Connecticut law and procedure applied to both civil and criminal cases. The court agreed with the accused, however, that Connecticut did not authorize an immediate appeal from the granting of a new trial. Section § 52-263 of Connecticut law authorized only two categories of appeals: those from a final judgment and those from the setting aside of a verdict. It was true, as the State argued, that granting a new trial had the effect of setting aside a verdict. The court nonetheless declined to rewrite the statute or overrule well established precedent that disallowed immediate appeals from the granting of a new trial. The court upheld the appellate court's judgment.
Maya Murphy P.C. has the resources and expertise to offer you the best possible representation throughout the criminal process. If you are facing criminal charges or wish to appeal your case, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. atJMaya@Mayalaw.com.
For continuous access to the legal world, follow us on Twitter and LinkedIn. We offer the latest updates on caselaw and legal news. In addition, informational videos are available for your convenience on our YouTube channel.
Source: State v. Morrissette, 265 Conn. 658, 830 A.2d 704, 2003 Conn. LEXIS 342 (Conn. 2003)
