State v. Duhan

Full title: STATE OF CONNECTICUT v. ELEANOR DUHAN

Court: Appellate Court of Connecticut

Date published: Dec 4, 1984

484 A.2d 468 (Conn. App. Ct. 1984)

484 A.2d 468

Opinion

(3511)

Decision released December 4, 1984

Information charging the defendant with the crimes of disorderly conduct, interfering with a police officer, criminal mischief in the third degree, and assault in the third degree, brought to the Superior Court in the judicial district of Litchfield, geographical area number eighteen, and tried to the jury before Buzaid, J.; verdict and judgment of guilty on the first three counts, and appeal by the defendant to the Appellate Session of the Superior Court, Spada, Bieluch and Covello, Js., which set the judgment aside and remanded the case to the trial court with direction to render a judgment of not guilty on the first count and for a new trial on the remaining two counts, from which the state, on the granting of certification, appealed to the Supreme Court, which remanded the matter to this court. Remanded for a new trial.

PER CURIAM.

The defendant was convicted on one count of disorderly conduct, one count of interfering with a police officer and one count of criminal mischief in the third degree.¹ From the judgment rendered, she appealed to the Appellate Session of the Superior Court. That court set aside the judgment and remanded the matter to the trial court with direction to render a judgment of not guilty on the first count and for a new trial on the remaining two counts. On the granting of certification, the state appealed to the Supreme Court, challenging the Appellate Session's decision with respect to the first count only.²

1 The trial court granted defendant's motion for judgment of acquittal on a fourth count.

2 The Appellate Session's remand order requiring a new trial on counts two and three was not before the Supreme Court and has, accordingly, not been affected by further proceedings in the Supreme Court and this court.

On August 28, 1984, the Supreme Court held that the Appellate Session was in error when it ordered the entry of a judgment of not guilty on the first count. State v. Duhan, 194 Conn. 347, 481 A.2d 48 (1984). The Supreme Court set aside the judgment of the Appellate Session on that count and remanded the case to this court³ with direction to remand to the trial court for a new trial on count one.

3 Appeals formerly filed in the Appellate Session of the Superior Court have been transferred to the Appellate Court by Public Acts, Spec. Sess., June, 1983, No. 83-29, 3, which amended General Statutes 51-197a.