Opinion
04-04-2023
STATE of Connecticut v. Franklin FOSTER
Richard E. Condon, Jr., senior assistant public defender, in support of the petition. Jonathan M. Sousa, assistant state's attorney, in opposition.
Richard E. Condon, Jr., senior assistant public defender, in support of the petition.
Jonathan M. Sousa, assistant state's attorney, in opposition.
The acquittee's petition for certification to appeal from the Appellate Court, 217 Conn. App. 476, 289 A.3d 191, is granted, limited to the following issues:
"1. Did the Appellate Court correctly conclude that the trial court's factual finding that the acquittee poses a continued risk of danger to himself or to others was supported by clear and convincing evidence?
"2. Did the Appellate Court correctly conclude that the acquittee was not similarly situated to civilly committed inmates for the purpose of deciding whether General Statutes § 17a-593, as applied to the acquittee, violated his right to equal protection under the fourteenth amendment to the United States constitution?
"3. If the answer to the second question is ‘no,’ is § 17a-593 subject to rational basis review or to intermediate scrutiny?"