Opinion
03-18-2020
STATE of Connecticut v. Gerjuan Rainer TYUS
Pamela S. Nagy, assistant public defender, in support of the petition. Paul J. Narducci, senior assistant state's attorney, in opposition.
Pamela S. Nagy, assistant public defender, in support of the petition.
Paul J. Narducci, senior assistant state's attorney, in opposition.
The defendant's petition for certification to appeal from the Appellate Court, 184 Conn. App. 669, 195 A.3d 737 (2018), is granted, limited to the following issues:
"1. Did the Appellate Court correctly conclude that the defendant's right to confrontation was not violated when the trial court allowed a substitute firearms examiner to testify about the findings of the primary examiner, who was unavailable to testify at trial?
"2. Pursuant to Carpenter v. United States , ––– U.S. ––––, 138 S. Ct. 2206, 201 L. Ed. 2d 507 (2018), were the defendant's fourth amendment rights violated when the police obtained the defendant's cell phone records, including his cell site location information, without a warrant?
"3. Did the Appellate Court correctly conclude that the trial court did not abuse its discretion in joining the defendant's case with that of his codefendant because the evidence in both cases was cross admissible?
"4. Did the Appellate Court properly uphold the trial court's refusal to give a limiting instruction concerning the firearms examiner's testimony?"
MULLINS, J., did not participate in the consideration of or decision on this petition.