State v. Purvis

28 Citing cases

  1. State v. Frazier

    185 Conn. 211 (Conn. 1981)   Cited 76 times
    In State v. Frazier, 185 Conn. 211, 440 A.2d 916 (1981), cert. denied, 458 U.S. 1112, 102 S. Ct. 3496, 73 L. Ed. 2d 1375 (1982), this court, in interpreting General Statutes (Rev. to 1972) § 53a-72, followed the lead of the Oklahoma courts and explained that "rape is not a continuous offense.

    Temporary exclusion of the general public from the courtroom has been a frequent practice during the testimony of the victim of a particularly revolting rape. State v. Purvis, 157 Conn. 198, 207, 251 A.2d 178 (1968), cert. denied, 395 U.S. 928, 89 S.Ct. 1788, 23 L.Ed.2d 246 (1969); State v. Gionfriddo, 154 Conn. 90, 93, 221 A.2d 851 (1966). "[A] demonstrated need to protect a witness from a substantial threat of indignity that might induce reluctance to testify about a lurid or heinous sexual assault" has been cited as a classic situation where closure would be appropriate.

  2. Globe Newspaper Co. v. Superior Court

    457 U.S. 596 (1982)   Cited 1,509 times   4 Legal Analyses
    Holding that safeguarding well-being of minor is compelling and may justify closure of criminal trial from public access

    There is clearly a long history of exclusion of the public from trials involving sexual assaults, particularly those against minors. See, e. g., Harris v. Stephens, 361 F.2d 888 (CA8 1966), cert. denied, 386 U.S. 964 (1967); Reagan v. United States, 202 F. 488 (CA9 1913); United States v. Geise, 158 F. Supp. 821 (Alaska), aff'd, 262 F.2d 151 (CA9 1958), cert. denied, 361 U.S. 842 (1959); Hogan v. State, 191 Ark. 437, 86 S.W.2d 931 (1935); State v. Purvis, 157 Conn. 198, 251 A.2d 178 (1968), cert. denied, 395 U.S. 928 (1969); Moore v. State, 151 Ga. 648, 108 S.E. 47 (1921), appeal dism'd, 260 U.S. 702 (1922). Several States have long-standing provisions allowing closure of cases involving sexual assaults against minors.

  3. United States ex Rel. Latimore v. Sielaff

    561 F.2d 691 (7th Cir. 1977)   Cited 47 times
    Recognizing that protection of witness's dignity justified exclusion of spectators

    United States v. Kobli, 172 F.2d 919 (3d Cir. 1949); Tanksley v. United States, 10 Alaska 443, 145 F.2d 58 (1944); Davis v. United States, 247 F. 394 (8th Cir. 1917). In Harris v. Stephens, 361 F.2d 888, 891 (8th Cir. 1966), cert. denied, 386 U.S. 964, 87 S.Ct. 1040, 18 L.Ed.2d 113 (1967), the Eighth Circuit noted that exclusion of spectators during the testimony of an alleged rape victim "is a frequent and accepted practice when the lurid details of such a crime must be related by a young lady."See Douglas v. State, 328 So.2d 18 (Fla.), cert. denied, 429 U.S. 871, 97 S.Ct. 185, 50 L.Ed.2d 151 (1976); State v. Purvis, 157 Conn. 198, 251 A.2d 178 (1968), cert. denied, 395 U.S. 928, 89 S.Ct. 1788, 23 L.Ed.2d 246 (1969); Ex parte Rudolph, 276 Ala. 392, 162 So.2d 486, cert. denied, 377 U.S. 919, 84 S.Ct. 1185, 12 L.Ed.2d 188 (1964); Price v. State, 496 S.W.2d 103 (Tex.Cr.App. 1973). Primary justification for this practice lies in protection of the personal dignity of the complaining witness.

  4. United States ex Rel. Smallwood v. LaValle

    377 F. Supp. 1148 (E.D.N.Y. 1974)   Cited 31 times

    However, even in these situations, a court should not automatically assume that the witness is always entitled to testify removed from public scrutiny.See, e.g., Hogan v. State, 191 Ark. 437, 86 S.W.2d 931 (1935); People v. Byrnes, 84 Cal.App.2d 72, 190 P.2d 290, cert. denied, 335 U.S. 847, 69 S.Ct. 60, 93 L.Ed. 397 (1948); State v. Purvis, 157 Conn. 198, 251 A.2d 178, cert. denied, 395 U.S. 928, 89 S.Ct. 1788, 23 L.Ed.2d 246 (1969); Moore v. State, 151 Ga. 648, 108 S.E. 47 (1921), writ of error dismissed, 260 U.S. 702, 43 S.Ct. 98, 67 L.Ed. 471 (1922); Beauchamp v. Cahill, 297 Ky. 505, 180 S.W.2d 423 (1944); State v. Poindexter, 231 La. 630, 92 So.2d 390 (1957); State v. Callahan, 100 Minn. 63, 110 N.W. 342 (1907); Riley v. State, 83 Nev. 282, 429 P.2d 59 (1967); State v. Damm, 62 S.D. 123, 252 N.W. 7 (1933), aff'd on rehearing, 64 S.D. 309, 266 N.W. 667 (1936). Cf. Harris v. Stephens, 361 F.2d 888, 891 (8 Cir. 1966), cert. denied, 386 U.S. 964, 87 S.Ct. 1040, 18 L.Ed.2d 113 (1967).

  5. State v. Troupe

    237 Conn. 284 (Conn. 1996)   Cited 158 times
    Holding that constancy of accusation witness may testify as to fact and timing of victim's complaint but not as to details of complaint, and, if more details needed, testimony limited to details that associate victim's complaint with pending charge, such as time and place of attack or identity of alleged attacker

    " State v. Kelley, 229 Conn. 557, 565-66, 643 A.2d 854 (1994). Although we have characterized the constancy of accusation doctrine as an exception to the hearsay rule; see, e.g., State v. Rodgers, supra, 207 Conn. 649; State v. Pollitt, 205 Conn. 61, 76, 530 A.2d 155 (1987); State v. Dabkowski, supra, 199 Conn. 197; State v. Ouellette, 190 Conn. 84, 92, 459 A.2d 1005 (1983); State v. Hamer, 188 Conn. 562, 565, 452 A.2d 313 (1982); State v. Gelinas, 160 Conn. 366, 367, 279 A.2d 552 (1971); State v. Purvis, 157 Conn. 198, 207, 251 A.2d 178 (1968), cert. denied, 395 U.S. 928, 89 S.Ct. 1788, 23 L.Ed.2d 246 (1969); we have also noted that "`[c]onstancy evidence is properly viewed as a peculiar species of evidence [not readily conformed] . . . to evidentiary rules designed for other classes of evidence . . . .'" State v. Kelley, supra, 229 Conn. 566, quoting State v. Parris, 219 Conn. 283, 292, 592 A.2d 943 (1991); see also State v. Bethea, 24 Conn. App. 13, 19, 585 A.2d 1235, cert. denied, 218 Conn. 901, 588 A.2d 1076 (1991) (constancy of accusation doctrine is "hybrid rule of law"). Because constancy of accusation testimony is admissible only to assist the jury in evaluating the credibility of the alleged victim and not to prove the truth of the facts recited, the doctrine, strictly speaking, is not a hearsay exception.

  6. State v. Rodgers

    207 Conn. 646 (Conn. 1988)   Cited 33 times

    State v. Segerberg, 131 Conn. 546, 549, 41 A.2d 101 (1945). See State v. Greene, 161 Conn. 291, 294, 287 A.2d 386 (1971); State v. Gelinas, 160 Conn. 366, 367, 279 A.2d 552 (1971); State v. Purvis, 157 Conn. 198, 207, 251 A.2d 178 (1968), cert. denied, 395 U.S. 928, 89 S.Ct. 1788, 23 L.Ed.2d 246 (1969); State v. Dziob, 133 Conn. 167, 169, 48 A.2d 377 (1946); State v. Orlando, 115 Conn. 672, 677, 163 A. 256 (1932); State v. Sebastian, 81 Conn. 1, 5, 69 A. 1054 (1908); State v. Byrne, 47 Conn. 465, 466 (1880); State v. Kinney, 44 Conn. 153, 155-57 (1876); State v. De Wolf, 8 Conn. 93, 99(1830). 'Such testimony is admitted . . . when the complainant first has testified, in court, to the facts of the alleged occurrence, in order to corroborate her testimony.

  7. State v. Dabkowski

    199 Conn. 193 (Conn. 1986)   Cited 77 times
    In State v. Troupe, supra, 284, however, we restricted the doctrine so that a constancy of accusation witness could testify only to the fact and the timing of the victim's complaint.

    ' State v. Segerberg, 131 Conn. 546, 549, 41 A.2d 101 (1945). See State v. Greene, 161 Conn. 291, 294, 287 A.2d 386 (1971); State v. Gelinas, 160 Conn. 366, 367, 279 A.2d 552 (1971); State v. Purvis, 157 Conn. 198, 207, 251 A.2d 178 (1968), cert. denied, 395 U.S. 928, 89 S.Ct. 1788, 23 L.Ed.2d 246 (1969); State v. Dziob, 133 Conn. 167, 169, 48 A.2d 377 (1946); State v. Orlando, 115 Conn. 672, 677, 163 A. 256 (1932); State v. Sebastian, 81 Conn. 1, 5, 69 A. 1054 (1908); State v. Byrne, 47 Conn. 465, 466 (1880); State v. Kinney, 44 Conn. 153, 155-57 (1876); State v. De Wolf 8 Conn. 93, 99 (1830). `Such testimony is admitted . . . when the complainant first has testified, in court, to the facts of the alleged occurrence, in order to corroborate her testimony.

  8. State v. Ouellette

    190 Conn. 84 (Conn. 1983)   Cited 113 times
    Noting that "[i]n trials to the court, where admissible evidence encompasses an improper as well as a proper purpose, it is presumed that the court used [the evidence] only for an admissible purpose"

    The other permitted her sister-in-law to testify that the complaining witness had shown her the marks on her neck and told her about the fight with the defendant, that he was the father of her child and that they had frequent sexual relations. We find no error in the rulings of the court, predicated on such cases as State v. Purvis, 157 Conn. 198, 207, 251 A.2d 178, cert. denied, 395 U.S. 928, 89 S.Ct. 1788, 23 L.Ed.2d 246; State v. Dziob, 133 Conn. 167, 169, 48 A.2d 377; State v. Sebastian, 81 Conn. 1, 3, 69 A. 1054; State v. Byrne, 47 Conn. 465, 466; State v. Kinney, 44 Conn. 153, 155; State v. De Wolf 8 Conn. 93; see also 1 Wharton, Criminal Evidence (12th Ed.), p. 547 and 1971 Cum. Sup., pp. 133, 134; 1 Wharton, op. cit. 295; note, 77 A.L.R.2d 841, 852." State v. Greene, supra, 294-95.

  9. State v. Brigandi

    186 Conn. 521 (Conn. 1982)   Cited 92 times
    In State v. Brigandi, supra, 186 Conn. 521, the court held that a ten year old boy was competent to testify even though he "admitted little understanding of [the] essential obligation [of an oath], that he admitted not knowing what it meant not to tell a lie... admitted that he did not know what it meant to tell the truth, that he indicated that his limited understanding of the oath was based upon instruction by the state's attorney and that he agreed that he was parroting what he had been told."

    State v. Kinney, supra, 156. In State v. Purvis, 157 Conn. 198, 207-208, 251 A.2d 178 (1968), cert. denied, 395 U.S. 928, 89 S.Ct. 1788, 23 L.Ed.2d 246 (1969), which concerned our review of convictions of rape and kidnapping, we sustained the trial court's ruling admitting into evidence the testimony of a detective and a police woman, who, after the victim had first testified to the details of the rape, were permitted to testify as to what she had related to them about the incident. State v. Purvis, supra, 207.

  10. State v. Brice

    186 Conn. 449 (Conn. 1982)   Cited 63 times
    Assigning error to trial court's evidentiary ruling on basis of objection not preserved at trial amounts to ambuscade of trial judge

    State v. Segerberg, 131 Conn. 546, 549, 41 A.2d 101 (1945). See State v. Greene, 161 Conn. 291, 294, 287 A.2d 386 (1971); State v. Gelinas, 160 Conn. 366, 367, 279 A.2d 552 (1971); State v. Purvis, 157 Conn. 198, 207, 251 A.2d 178 (1968), cert. denied, 395 U.S. 928, 89 S.Ct. 1788, 23 L.Ed.2d 246 (1969); State v. Dziob, 133 Conn. 167, 169, 48 A.2d 377 (1946); State v. Orlando, 115 Conn. 672, 677, 163 A. 256 (1932); State v. Sebastian, 81 Conn. 1, 5, 69 A. 1054 (1908); State v. Byrne, 47 Conn. 465, 466 (1880); State v. Kinney, 44 Conn. 153, 155-57 (1876); State v. De Wolf, 8 Conn. 93, 99 (1830). "Such testimony is admitted . . . when the complainant first has testified, in court, to the facts of the alleged occurrence, in order to corroborate her testimony.