Opinion
SC 18125
05-26-2016
STATE OF CONNECTICUT v. RUSSELL PEELER
Mark Rademacher, assistant public defender, with whom was Lisa J. Steele, for the appellant (defendant). Harry Weller, senior assistant state's attorney, with whom, on the brief, were Kevin T. Kane, chief state's attorney, John C. Smriga, state's attorney, Jonathan Benedict, former state's attorney, Susan C. Marks, supervisory assistant state's attorney, Marjorie Allen Dauster and Joseph Corradino, senior assistant state's attorneys, and Matthew A. Weiner, assistant state's attorney, for the appellee (state).
Rogers, C. J., and Palmer, Zarella, Eveleigh, McDonald, Espinosa and Robinson, Js. Mark Rademacher, assistant public defender, with whom was Lisa J. Steele, for the appellant (defendant). Harry Weller, senior assistant state's attorney, with whom, on the brief, were Kevin T. Kane, chief state's attorney, John C. Smriga, state's attorney, Jonathan Benedict, former state's attorney, Susan C. Marks, supervisory assistant state's attorney, Marjorie Allen Dauster and Joseph Corradino, senior assistant state's attorneys, and Matthew A. Weiner, assistant state's attorney, for the appellee (state).
Opinion
PER CURIAM. A jury found the defendant, Russell Peeler, guilty of, among other things, one count of capital felony in violation of General Statutes (Rev. to 1999) § 53a-54b (8) and one count of capital felony in violation of General Statutes (Rev. to 1999) § 53a-54b (9) in connection with the 1999 shooting deaths of a woman and her young son, and, following a capital sentencing hearing, the trial court, Devlin, J., rendered judgment imposing two death sentences. This appeal of the defendant's death sentences is controlled by State v. Santiago, 318 Conn. 1, 122 A.3d 1 (2015), in which a majority of this court concluded that, following the enactment of No. 12-5 of the 2012 Public Acts (P.A. 12-5), executing offenders who committed capital crimes prior to the enactment of P.A. 12-5 would offend article first, §§ 8 and 9, of the Connecticut constitution. See, e.g., Conway v. Wilton, 238 Conn. 653, 658-62, 680 A.2d 242 (1996) (explaining scope of and rationale for rule of stare decisis). Our conclusion that the defendant's death sentences must be vacated as unconstitutional in light of Santiago renders moot the defendant's other appellate claims.
The facts and procedural history of the case are presented more fully in State v. Peeler, 271 Conn. 338, 343-57, 857 A.2d 808 (2004), cert. denied, 546 U.S. 845, 126 S. Ct. 94, 163 L. Ed. 2d 110 (2005). --------
The judgment is reversed with respect to the imposition of two sentences of death and the case is remanded with direction to impose a sentence of life imprisonment without the possibility of release on each capital felony count; the judgment is affirmed in all other respects.
In this opinion ROGERS, C. J., and PALMER, EVELEIGH, McDONALD and ROBINSON, Js., concurred.