Opinion
09-22-2020
STATE of Connecticut v. JOSEPH V.
Megan L. Wade, assigned counsel, and James P. Sexton, assigned counsel, in support of the petition. Jennifer F. Miller, assistant state's attorney, in opposition.
Megan L. Wade, assigned counsel, and James P. Sexton, assigned counsel, in support of the petition.
Jennifer F. Miller, assistant state's attorney, in opposition.
The defendant's petition for certification to appeal from the Appellate Court, 196 Conn. App. 712, 230 A.3d 644 (2020), is granted, limited to the following issues:
"1. Did the Appellate Court properly uphold the trial court's denial of the defendant's request for a specific unanimity charge and correctly conclude that, under State v. Mancinone, 15 Conn. App. 251, 274, 545 A.2d 1131, cert. denied, 209 Conn. 818, 551 A.2d 757 (1988), cert. denied, 489 U.S. 1017, 109 S. Ct. 1132, 103 L. Ed. 2d 194 (1989), a specific unanimity charge is required only when the defendant has been charged with violating multiple subsections or multiple ‘statutory elements' of a statute?
"2. If a specific unanimity charge is required when there is evidence presented at trial of more than one separate and distinct criminal act that could serve as the basis for a single count, did the Appellate Court correctly conclude that the state's information was not duplicitous where the state presented evidence of more than one separate and distinct incident that could have served as the basis of conviction on each of the three counts?"
ROBINSON, C. J., and KELLER, J., did not participate in the consideration of or decision on this petition.