Supreme Court of Connecticut, 1991

State v. Hart

Supreme Court of Connecticut · Decided February 21, 1991

217 Conn. 811; 587 A.2d 152; 1991 Conn. LEXIS 69

Cases that cite this one

1 later published case cites this decision.

State v. Hart (Conn. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The state of Connecticut’s petition for certification for appeal from the Appellate Court, 23 Conn. App. 746, is granted, limited to the following issues:

“1. Did the Appellate Court correctly rule that the state may not satisfy its burden of proving the defendant is not drug-dependent by destroying the credibility of defense witnesses, even though drug dependency is not an element of General Statutes § 21a-278 (b)?

“2. Was the Appellate Court correct in not considering facts elicited by the state during cross-examination when it determined there was insufficient evidence of non-drug-dependency?

“3. Did the Appellate Court correctly conclude that the trial court’s instructions were erroneous because *812it instructed the jury to determine whether the defendant’s evidence of drug dependency was credible?”

RitaM. Shair, deputy assistant state’s attorney, in support of the petition. Susan Brown, assistant public defender, in opposition. Decided February 21, 1991

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