State v. Hawkins

38 Citing cases

  1. Hawkins v. Robinson

    367 F. Supp. 1025 (D. Conn. 1973)   Cited 12 times

    He relied heavily on Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957), in which the United States Supreme Court held that "the fundamental requirements of fairness" require that an informant's identity must be disclosed when such disclosure "is relevant and helpful to the defense of an accused, or is essential to a fair determination of a cause," id. at 60-61, 77 S.Ct. at 628, and that failure of the trial judge to order such disclosure upon request of the defendant at his trial is reversible error. However, the Connecticut Supreme Court refused to entertain the petitioner's claim of error, stating that no constitutional issue was before it, because petitioner's trial counsel had not objected in the manner established by § 226 of the Connecticut Practice Book. State v. Hawkins, 162 Conn. 514, 294 A.2d 584 (1972), cert. denied 409 U.S. 984, 93 S.Ct. 332, 34 L.Ed.2d 249. Section 226 of the Connecticut Practice Book provides:

  2. State v. Johnson

    188 Conn. 515 (Conn. 1982)   Cited 23 times
    In State v. Johnson, 188 Conn. 515, 518A, 450 A.2d 361 (1982), we recognized that State v. Washington did not establish a new constitutional right and therefore did not fit within the first Evans exception.

    Absent a request, the court cannot be required to determine whether or not to give a limiting instruction when, as here, for tactical purposes the defendant might very well have not desired one. "Contrary to the impression which seems to prevail in some quarters, it is not true that defense counsel in criminal cases may through neglect, inattention or as a trial strategy refrain from making proper objection or raising in the trial court any available constitutional defenses, confident that if the outcome of the trial proves unsatisfactory without making objections and taking exceptions . . . they may still prevail by assigning error or raising the constitutional issue for the first time on the appeal." State v. Evans, 165 Conn. 61, 67, 327 A.2d 576 (1973); State v. Hawkins, 162 Conn. 514, 517-18 294 A.2d 584 (1972); Weyls v. Zoning Board of Appeals, 161 Conn. 516, 521, 290 A.2d 350 (1971); State v. Smith, 156 Conn. 378, 386-87, 242 A.2d 763 (1968); State v. Spellman, 153 Conn. 65, 67-68, 212 A.2d 413 (1965). Other courts have concluded that omission of a limiting instruction was not error of a magnitude sufficient for reversal; United States v. Miller, 664 F.2d 94, 98 (5th Cir. 1981); United States v. DeLaMotte, 434 F.2d 289, 294 (2d Cir. 1970), cert. denied, 401 U.S. 921, 91 S.Ct. 910, 27 L.Ed.2d 825 (1971); Straight v. State, 397 So.2d 903, 905 (Fla.), cert. denied, 454 U.S. 1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981); Roberts v. State, 419 N.E.2d 803, 808 (Ind.App. 1981); State v. True, 438 A.2d 460, 471 (Me. 1981); People v. Rosado, 79 App. Div.2d 666, 433 N.Y.S.2d 847 (1980); and this court is in accord with that view in this case.

  3. State v. DeFreitas

    179 Conn. 431 (Conn. 1980)   Cited 66 times
    Recognizing that otherwise trustworthy or corroborated statement against penal interest provides considerable assurance of reliability

    Thus, nothing in the record before us allows us to conclude that the trial court was apprised of a proper objection either at the time Burnor's testimony was introduced or at the time the defendants made their sweeping contentions. See State v. Colton, 174 Conn. 135, 137-38, 384 A.2d 343; State v. Hawkins, 162 Conn. 514, 515-16, 294 A.2d 584, cert. denied, 409 U.S. 984, 93 S.Ct. 332, 34 L.Ed.2d 249. See also footnote 4, supra.

  4. State v. Packard

    184 Conn. 258 (Conn. 1981)   Cited 78 times
    Approving of an identification procedure where multiple voices speaking similar materials were presented to the victim, although finding elements of unnecessary suggestiveness in other aspects of the presentation

    Ordinarily in order for us to consider such a claim on appeal, it must have been raised and overruled with the proper exception below. Practice Book 288 and 3063; State v. Evans, 165 Conn. 61, 67, 327 A.2d 576 (1973); State v. Hawkins, 162 Conn. 514, 517, 294 A.2d 584, cert. denied, 409 U.S. 984, 93 S.Ct. 332, 34 L.Ed.2d 249 (1972). The record does not indicate, and the defendant does not claim, that he made the proper objection and exception.

  5. State v. De Santis

    423 A.2d 149 (Conn. 1979)   Cited 12 times

    "If a defendant . . . wishes to except to a ruling excluding evidence which was objected to only generally, he must avail himself of the provisions of the rule [Practice Book, 1978, 288] and state his claim of admissibility. . . . Since the defendant failed to state the ground for his claim of admissibility, the ruling cannot be held to be reversible error." State v. Hawkins, 162 Conn. 514, 515-16, 294 A.2d 584 (1972); State v. Ferraro, 164 Conn. 103, 107, 318 A.2d 80 (1972); State v. Whiteside, supra, 217. The court was not in error in striking the testimony.

  6. State v. Sumner

    178 Conn. 163 (Conn. 1979)   Cited 58 times

    The defendant, moreover, took no exception to the failure of the court to charge on the accessory statute, and has pointed to no exceptional circumstance warranting our departure from the general rule that issues raised for the first time on appeal are not afforded review. Practice Book, 1978, 3063; State v. Rado, 172 Conn. 74, 81, 372 A.2d 159 (1976); State v. Hawkins, 162 Conn. 514, 517, 294 A.2d 584, cert. denied, 409 U.S. 984, 93 S.Ct. 332, 34 L.Ed.2d 249 (1972). The defendant's basic claim thus appears to be evidentiary: that the court erred in refusing to grant his motion to set aside the verdict on the basis of the insufficiency of the evidence.

  7. State v. Corley

    413 A.2d 826 (Conn. 1979)   Cited 31 times
    Concluding that failure to permit inquiry into potentially favorable disposition of chief witness' pending charges in exchange for his testimony constituted violation of defendant's right under confrontation clause

    It was for counsel to state how such testimony was relevant. In regard to both errors, there was no compliance with 226 of the 1963 Practice Book. As we have said before, failure to conform to the rules of practice precludes review on appeal. State v. Hawkins, 162 Conn. 514, 517, 294 A.2d 584, cert. denied, 409 U.S. 984, 93 S.Ct. 332, 34 L.Ed.2d 249 (1972); State v. Grimes, 154 Conn. 314, 323, 228 A.2d 141 (1966). The two errors on rulings on evidence correctly briefed are related in that they both concern cross-examination to determine motive and self-interest.

  8. State v. McDaniel

    176 Conn. 131 (Conn. 1978)   Cited 22 times
    In State v. McDaniel, supra, 176 Conn. 131, our Supreme Court did not compel disclosure of an informant's identity where the information supplied by the informant to the police was based on hearsay.

    The record shows that no objection was made nor exceptions taken to that specific line of inquiry. The court will not review rulings on evidence where no exception was taken. Practice Book, 1963, 266; see also 619A; State v. Hawkins, 162 Conn. 514, 517, 294 A.2d 584, cert. denied, 409 U.S. 984, 93 S.Ct. 332, 34 L.Ed.2d 249, and cases cited therein. Moreover, no reason has been advanced why this ruling should be considered in the absence of an exception.

  9. State v. Mastropetre

    175 Conn. 512 (Conn. 1978)   Cited 99 times
    In Mastropetre, we rightly acknowledged that a defendant's right to confront witnesses was not absolute and must yield to “other legitimate interests....” (Internal quotation marks omitted.)

    The defendant did not, however, ask this question, nor did he adequately apprise the court that the question he did ask was directed at this point. See State v. Hawkins, 162 Conn. 514, 516, 294 A.2d 584 (1972), cert. denied, 409 U.S. 984, 93 S.Ct. 332, 34 L.Ed.2d 249. Furthermore, the report and testimony to which the defendant refers in his brief were admitted into evidence after the question was asked. It is elementary that a "cross-examination as to the contents of a document and questions at least relating to, if not actually involving, the contents of the document should not be permitted unless the writing is in evidence."

  10. State v. Cuvelier

    175 Conn. 100 (Conn. 1978)   Cited 27 times

    An examination of the court's findings and the appendix to the state's brief reveals that the facts found by the court were based upon the testimony of Langhammer elicited during the hearing and on his report to the court dated November 8, 1976, identified as state's exhibit A. While the witness frequently referred to earlier reports not offered into evidence, it is important to note that nowhere in the record is there any indication that an objection or exception was taken by the defendant to any reference to those reports; consequently, it is not subject to review. State v. Hawkins, 162 Conn. 514, 517, 294 A.2d 584, cert. denied, 409 U.S. 984, 93 S.Ct. 332, 34 L.Ed.2d 249. In fact, counsel for the defendant extensively questioned the witness regarding the reports during a wide-ranging cross-examination.