State v. Wearing

3 Citing cases

  1. State v. Francis D

    75 Conn. App. 1 (Conn. App. Ct. 2003)   Cited 27 times

    Next, we turn to the defendant's claim that the court improperly admitted the victim's July 21, 1999 written statement to the police. Specifically, the defendant argues that the court could not properly admit the statement under any of the state's three asserted theories, which included (1) a prior inconsistent statement pursuant to State v. Whelan, 200 Conn. 743, 513 A.2d 86, cert. denied, 479 U.S. 994, 107 S.Ct. 597, 93 L.Ed.2d 598 (1986), and State v. Wearing, 46 Conn. App. 741, 701 A.2d 41, cert. denied, 243 Conn. 937, 702 A.2d 645 (1997), (2) past recollection recorded or (3) pursuant to footnote 19 of Troupe. Consequently, the defendant argues that the admission of the statement violated his right to confrontation under the sixth amendment to the federal constitution.

  2. State v. Jenkins

    743 A.2d 660 (Conn. App. Ct. 2000)   Cited 8 times

    Even if we held that the investigator's testimony was improperly excluded, its exclusion was harmless because the testimony would have been cumulative. See State v. Wearing, 46 Conn. App. 741, 756, 701 A.2d 41, cert. denied, 243 Conn. 937, 702 A.2d 645 (1997) (factor to be considered in determining whether improper ruling on evidence harmless is whether testimony was cumulative). Accordingly, we reject the defendant's claim that the court's ruling that the defendant could not present an offer of proof regarding evidence was harmful.

  3. State v. Portee

    55 Conn. App. 544 (Conn. App. Ct. 1999)   Cited 21 times
    Allowing impeachment when witness continued to refuse to answer questions after twice being held in contempt

    (Internal quotation marks omitted.) State v. Wearing, 46 Conn. App. 741, 752, 701 A.2d 41, cert. denied, 243 Conn. 937, 702 A.2d 645 (1997). A