Supreme Court of Connecticut, 1992

State v. Lago

State v. Lago
Supreme Court of Connecticut · Decided September 17, 1992 · Berdon
223 Conn. 919; 614 A.2d 828; 1992 Conn. LEXIS 318

State v. Lago

Dissenting Opinion

Berdon, J.,

dissenting. I would grant certification on the following issues: “(a) Where the police have engaged in unnecessarily suggestive procedures, should the legal question of reliability be examined with exceptionally close scrutiny, and should the standard of appellate review of a finding of reliability be de novo under article first, § 8, of the Connecticut constitution or the fourteenth amendment to the United States constitution or both?

“(b) Under the appropriate test, was the evidence reliable?

“(c) In the absence of trial court findings on reliability, should a new trial be ordered?”

Opinion of the Court

The defendant’s petition for certification for appeal from the Appellate Court, 28 Conn. App. 9, is denied.

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