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State v. Speight

Appellate Court of Connecticut
Jun 23, 1988
544 A.2d 230 (Conn. App. Ct. 1988)

Opinion

(6301)

Argued June 7, 1988

Decision released June 23, 1988

Information charging the defendant with the crime of conspiracy to sell cocaine, brought to the Superior Court in the judicial district of Hartford-New Britain, geographical area number twelve, and tried to the jury before Norko, J.; verdict and judgment of guilty; thereafter, the court denied the defendant's motion for a new trial, and the defendant appealed to this court. No error.

Jean Elmblad Blue, special public defender, for the appellant (defendant).

Mary H. Lesser, deputy assistant state's attorney, with whom, on the brief, were Susan C. Marks and Theodore R. Paulding, deputy assistant state's attorneys, for the appellee (state).


The defendant is appealing his conviction, after a jury trial, of the crime of conspiracy to possess cocaine with intent to sell in violation of General Statutes 21a-277 (a) and 53a-48.

The determinative issue is whether the trial court erred in denying the defendant's motion for a new trial based on the state's failure to disclose that a major witness, called by the state, had criminal charges pending against him. The defendant claims that the failure to disclose such charges violated the strictures enunciated in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The witness first testified for the defendant. Later, upon learning that the witness was a confidential police informant who had supplied information about the defendant to the police, the state called him as a rebuttal witness. The state denied that it had intentionally withheld any information disclosable under Brady.

After a full evidentiary hearing on the defendant's motion for a new trial, the trial court found no Brady violation and denied the motion. Our review of the record, transcripts and briefs fails to disclose that such finding was clearly erroneous or that the decision was otherwise erroneous in law. Practice Book 4061.


Summaries of

State v. Speight

Appellate Court of Connecticut
Jun 23, 1988
544 A.2d 230 (Conn. App. Ct. 1988)
Case details for

State v. Speight

Case Details

Full title:STATE OF CONNECTICUT v. KENNETH SPEIGHT

Court:Appellate Court of Connecticut

Date published: Jun 23, 1988

Citations

544 A.2d 230 (Conn. App. Ct. 1988)
544 A.2d 230

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State v. Speight

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