State v. Diaz
State v. Diaz
Opinion of the Court
The primary issues in this appeal are: (1) whether the trial court committed plain error by failing, sua sponte, to give a special credibility instruction to the jury concerning three witnesses for the state who were involved in the criminal justice system and, therefore, may have had a personal interest in testifying for the state; and (2) whether this court should exercise its supervisory powers to require the trial courts to give a special credibility instruction for all such witnesses. The defendant, Luis Diaz, was charged and convicted of murder in violation of General Statutes § 53a-54a, carrying a pistol without a permit in violation of General Statutes § 29-35 and criminal possession of a pistol in violation of General Statutes § 53a-217c. At trial, three witnesses who had criminal matters pending in a variety of venues testified that they had seen the defendant commit the murder. On appeal, the defendant claims that the trial court committed plain error when it failed to instruct the jury, sua sponte, that the testimony of the three witnesses should be viewed with great caution in light of the potential benefits that they might receive from the government in the pending criminal matters in exchange for their testimony. In the alternative, he claims that this court should exercise its supervisory powers to require such an instruction. We disagree and affirm the judgment of conviction.
The jury reasonably could have found the following facts. On the evening of January 11, 2006, the victim, Philip Tate, was shot and killed outside a bar known as the Side Effect West in the city of Bridgeport. Thereafter, the defendant was arrested and charged with murdering the victim, carrying a pistol without a permit and criminal possession of a pistol or revolver.
At some point after July, 2006, Eddie Ortiz wrote a letter to the prosecutor’s office indicating that he had information about the murder. He was incarcerated at the time and stated in his letter that he was looking for some consideration in exchange for his testimony. Ortiz testified at the defendant’s trial that he had seen the defendant shoot the victim. He also testified that, during the trial, he had been placed in the same holding cell as the defendant, who said to him, “You know what I did” and “I know where you live at.” In addition, Ortiz testified that the defendant had offered him $6000 not to testify. He further testified that the prosecutor’s office had not promised him anything in exchange for his testimony and that he had been told that it would be up to a judge whether he would receive any benefit, such as a sentence modification. He had expectations, however, that his testimony would be taken into consideration.
Approximately six months after the murder, James Jefferson asked his attorney to inform Harold Dimbo, a detective with the Bridgeport police department, that Jefferson had information about the murder. Jefferson,
McIntosh, Ortiz and Jefferson were the only witnesses who identified or implicated the defendant as the shooter. The defendant’s girlfriend, Shenisha McPhearson, testified that the defendant had been with her at her apartment at the time of the shooting. The state presented no physical evidence to tie the defendant to the shooting and the gun used in the shooting was never recovered.
At trial, the trial court gave the jury a general credibility instruction.
In response to defense counsel’s arguments, the prosecutor stated to the jury, “How cold a person do you have to be to point an accusatory finger and say I saw this man commit murder when you’re doing it for your own motivation? How cold do you have to be? What is the benefit that would cause a person to be that cold? They have been promised nothing. Flat out told you get no benefit. It’s expected that you would cooperate as a good citizen and a good person.” He further argued that the length of the sentences that the witnesses faced was not sufficient to provide a motivation to fabricate testimony.
The defendant first claims that the trial court committed plain error when it failed to instruct the jury, sua sponte, that it must consider with great caution the testimony of McIntosh, Ortiz and Jefferson, in light of their involvement in the criminal justice system and the possibility that they would receive some benefit from the government in exchange for their testimony.
We first address the defendant’s claim that the trial court committed plain error when it failed to give a special credibility instruction regarding the testimony
“Generally, a [criminal] defendant is not entitled to an instruction singling out any of the state’s witnesses and highlighting his or her possible motive for testifying falsely.” (Internal quotation marks omitted.) State v. Patterson, supra, 276 Conn. 467. This court has held, however, that a special credibility instruction is required for three types of witnesses, namely, complain
The rationale for requiring a special credibility instruction for jailhouse informants is that “an informant who has been promised a benefit by the state in return for his or her testimony has a powerful incentive, fueled by self-interest, to implicate falsely the accused.
This court recently has held that the trial court’s failure to give, sua sponte, a jailhouse informant instruction pursuant to Patterson does not constitute plain error when the trial court has instructed the jury on the credibility of witnesses and the jury is aware of the witness’ motivation for testifying. State v. Ebron, supra, 292 Conn. 675-76. In the present case, the defendant contends that the trial court committed plain error when it failed, sua sponte, to give a special credibility instruction for the testimony of Jefferson, McIntosh and Ortiz. We disagree. In the present case, as in Ebron, the trial court gave a general credibility instruction and the jury was aware of the witnesses’ involvement in the criminal justice system and their expectations that they would receive consideration in exchange for their testimony. The defendant makes no claim that the witnesses actually received benefits that the jury did not learn about or that there were undisclosed agreements between the witnesses and the government. More fundamentally, the defendant appears to concede that the rule of Patterson and Arroyo that the trial court is required to give a special credibility instruction for jail
With respect to Ortiz, the defendant argues that he was a classic jailhouse informant because he testified that the defendant had confessed to him when they were incarcerated together.
We next turn to the defendant’s request that this court exercise its supervisory power to instruct the trial courts that they must give a special credibility instruction whenever a witness in a criminal case is incarcerated or is serving out a sentence, or otherwise is in a position to receive a benefit from the state in exchange for testifying, as long as there is some additional evidence indicating that the witness is not wholly rehable or that he expects some benefit from this testimony. It is weh settled that “[a]ppehate courts possess an inherent supervisory authority over the administration of justice. . . . Supervisory powers are exercised to direct trial courts to adopt judicial procedures that will address matters that are of utmost seriousness, not only for the integrity of a particular trial but also for the perceived fairness of the judicial system as a whole. . . . Under our supervisory authority, we have adopted rules intended to guide the lower courts in the administration of justice in all aspects of the criminal process. . . . State v. Valedon, 261 Conn. 381, 386, 802 A.2d 836 (2002). We ordinarily invoke our supervisory powers to enunciate a rule that is not constitutionally required but that we think is preferable as a matter of policy. See, e.g., State v. Reynolds, 264 Conn. 1, 215, 836 A.2d 224 (2003) ([exercise of supervisory powers is] an extraordinary remedy to be invoked only when circumstances are such that the issue at hand, while not rising to the level of a constitutional violation, is nonetheless of utmost seriousness, not only for the integrity of a particular trial but also for the perceived fairness of the judicial system as a whole), cert. denied, 541 U.S. 908, 124 S. Ct. 1614, 158 L. Ed. 2d 254 (2004).”
The defendant contends that our decision in State v. Arroyo, supra, 292 Conn. 569, requiring a special credibility instruction for all jailhouse informants, regardless of whether they have received an express promise of a benefit, applies equally to witnesses who are not classic jailhouse informants because they have testified about events that they observed rather than inculpatory statements made by the defendant.
We agree with the defendant that some of the same concerns that gave rise to our decision in Arroyo are present whenever a witness is in a position to receive a benefit from the government. Specifically, we are aware that it is difficult for the defendant to ensure that the jury is fully aware of such a witness’ potential motivations for testifying because both the witness and the government have an incentive not to enter into an explicit agreement before the witness testifies, even though there is frequently an implicit understanding that the witness will receive some consideration in exchange for testifying. We do not agree, however, that these concerns are as weighty in cases where the witness is not testifying about a jailhouse confession, but is testifying about events concerning the crime that the witness observed. Testimony by a jailhouse informant about a jailhouse confession is inherently suspect because of the ease with which such testimony can be fabricated, the difficulty in subjecting witnesses who give such testimony to meaningful cross-examination and the great weight that juries tend to give to confession evidence. State v. Patterson, supra, 276 Conn. 470 n. 11; see also id. (“testimony about an admission of guilt by the accused may be ‘the most damaging evidence of
Moreover, we agree with the state that, if we were to require a special credibility instruction for all witnesses who may be in a position to receive a benefit from the state because they are involved in some way with the criminal justice system, we would be creating an exception that would swallow the rule that the trial court generally is not required to give such an instruction for the state’s witnesses. It is an unfortunate reality that “the government cannot be expected to depend exclusively upon the virtuous in enforcing the law.” United States v. Richardson, 764 F.2d 1514, 1521 (11th Cir.), cert. denied sub nom. Crespo-Diaz v. United States,
The defendant suggests that, even if a supervisory rule requiring the trial courts to give an instruction in every case in which the witness is in a position to receive a benefit from the government would not be appropriate, we could limit the application of the requested new supervisory rule to cases in which there is “some evidence in the record indicating that the witness is not entirely reliable or may have a motive to falsify his testimony . . . .” It is already well established under our existing case law, however, that, although a defendant generally “is not entitled to an instruction singling out any of the state’s witnesses and highlighting his or her possible motive for testifying falsely”; (internal quotation marks omitted) State v. Patterson, supra, 276 Conn. 467; “[i]t is within the province, and may be within the duty, of the trial judge to not only call attention to the evidence adduced, but [also] to state to the jury in the charge his own opinion of the nature, bearing and force of such evidence.”
Thus, we take this opportunity to reaffirm the well established common-law rule that it is within the discretion of a trial court to give a cautionary instruction to the jury whenever the court reasonably believes that a witness’ testimony may be particularly unreliable because the witness has a special interest in testifying for the state and the witness’ motivations may not be adequately exposed through cross-examination or argument by counsel. In determining whether to give such an instruction, the trial court may consider the circumstances under which the witness came forward; the seriousness of the charges with which the witness has been charged or convicted; the extent to which the state is in a position to provide a benefit to the witness and the potential magnitude of any such benefit; the extent to which the witness’ testimony is corroborated by other evidence; the importance of the witness’ testimony to the state’s case; and any other relevant factor. See id. (“[w]ithin constitutional limitations concerning trial by jury, the nature and extent of the trial court’s comments on the evidence must largely depend on the facts involved in a particular case and the manner in which it has been tried”).
Because the trial courts already have the discretion to give a special credibility instruction under existing case law, there is no need for this court to create a new supervisory rule requiring a special credibility instruction in cases where there is evidence that the
The judgment is affirmed.
In this opinion NORCOTT, ZARELLA, McLACHLAN and EVELEIGH, Js., concurred.
The circumstances surrounding the defendant’s arrest are not clear from the record.
The trial court instructed the jury that “[t]he credibility of -witnesses and the weight to be given their testimony are matters for you to determine. However, there are some principles you should keep in mind. You may believe all, none, or any part of any witness’ testimony. In making that determination, you may wish to consider the following factors: One, was the witness able to see, hear or know the things about which that witness testified? How well was the witness able to recall and describe those things? What was the witness’ manner while testifying? Did the witness have an interest in the outcome of the case or any bias or prejudice concerning any party or any matter involved in the case? How reasonable was the witness’ testimony considered in light of all the evidence in the case? Was the witness’ testimony contradicted by what that witness has said or done at another time, or by the testimony of other witnesses, or by other evidence? If you find that a witness has deliberately testified falsely in some respect, you should carefully consider whether you should rely on any of that witness’ testimony. In deciding whether or not to believe a witness, keep in mind
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“The fact that certain witnesses have admitted that they’ve been previously convicted of crimes is only admissible on the question of the credibility of those witnesses, that is the weight that you will give their testimony. It’s your duty to determine whether each witness is to be believed fully, partly or not at all. You may consider a witness’ prior conviction in weighing the credibility of that witness and give such weight to those facts as you decide is fair and reasonable under all the circumstances.”
The defendant concedes that the trial court’s failure to give a special credibility instruction was not of constitutional magnitude and, therefore, his claim does not qualify for review under State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989).
As we discuss later in this opinion, a classic jailhouse informant is a witness who has testified that the defendant has confessed to him or had made inculpatory statements to him while they were incarcerated together.
The state further claims that the defendant voluntarily waived his claim when he failed to request a special credibility instruction, denied the trial court’s repeated requests for input regarding the proposed jury charges and failed to object to the charge as given. The defendant is asking this court, however, to adopt a new supervisory rule requiring the trial courts to give a special credibility instruction in all cases in which a defendant is involved in the criminal justice system and may have a personal interest in testifying. Accordingly, to the extent that the defendant claims that the trial court was required to give such an instruction as a matter of law, his claim was not waived because any such claim to the trial court would have been futile.
We recognize that, to the extent that the defendant seeks plain error review, he necessarily is claiming that the trial court improperly applied a clear and obvious rule of law that existed at the time of trial. See footnote 8 of this opinion. We need not determine, however, whether his claim of plain error was waived because we conclude that the trial court did not commit plain error.
“Under the complaining witness exception, when the complaining witness [himself] could . . . have been subject to prosecution depending only upon the veracity of his account of [the] particular criminal transaction, the court should . . . [instruct] the jury in substantial compliance with the defendant’s request to charge to determine the credibility of that witness in the light of any motive for testifying falsely and inculpating the accused. ... In order for [such a] request to be applicable to the issues in the case, there must be evidence ... to support the defendant’s assertion that the complaining witness was the culpable party.” (Citation omitted; internal quotation marks omitted.) State v. Patterson, supra, 276 Conn. 467-68.
“[T]he inherent unreliability of accomplice testimony ordinarily requires a particular caution to the jury [because] . . . [t]he conditions of character and interest most inconsistent with a credible witness, very frequently, but not always, attend an accomplice when he testifies. When those conditions exist, it is the duty of the [court] to specially caution the jury.” (Internal quotation marks omitted.) State v. Patterson, supra, 276 Conn. 468.
It is axiomatic that the trial court’s proper application of the law existing at the time of trial cannot constitute reversible error under the plain error doctrine. Crawford v. Commissioner of Correction, 294 Conn. 165, 205, 982 A.2d 620 (2009) (“a clear and obvious mistake on the part of the trial court is a prerequisite for reversal under the plain error doctrine” [internal quotation marks omitted]).
The state contends that, even if Ortiz’ account of the defendant’s statements to him was accurate, those statements did not amount to a confession, but merely displayed some consciousness of guilt.
The defendant argues that the present case is distinguishable from Ebron because the jury was not aware that Ortiz had a motivation for fabricating testimony. We disagree. The jury was aware that Ortiz was incarcerated on a robbery conviction when he gave his testimony; that he did not tell the police what he knew about the shooting until he was incarcerated on the robbery conviction; that he had asked for consideration from the prosecutor’s office in exchange for giving information about the shooting; that he was told that he would receive no such consideration; that he was told that only a Superior Court judge could change his sentence; and that he had an expectation and a hope that he would receive some consideration in exchange for his testimony, but he had received no promises. In addition, on cross-examination, when defense counsel asked Ortiz whether he was aware that the state would have to agree before he could ask a judge for consideration in exchange for his testimony Ortiz replied, “Yes, sir.” When defense counsel rephrased the question, however, Ortiz replied, “I don’t know about that.” In addition, as previously indicated in this opinion, defense counsel argued to the jury that Ortiz was testifying in order to receive a benefit from the state. The defendant has pointed to no information concerning Ortiz’ motivation to fabricate testimony that was withheld from the jury.
This court and the Appellate Court frequently have applied newly adopted supervisory rules only to future cases. See, e.g., State v. Aponte, 259 Conn. 512, 522, 790 A.2d 457 (2002); State v. Delvalle 250 Conn. 466, 475-76, 736 A.2d 125 (1999); State v. Sitaras, 106 Conn. App. 493, 507, 942 A.2d 1071, cert. denied, 287 Conn. 906, 950 A.2d 1283 (2008). In some cases,
The defendant also relies on: United States v. Prawl, 168 F.3d 622, 628 (2d Cir. 1999) (defendant “is entitled to a charge that identifies the circumstance that may make one or another of the government’s witnesses particularly vulnerable to the prosecution’s power and influence, and that specifies the way [by catalog or example] that a person so situated might be particularly advantaged by promoting the prosecution’s case”); United States v. Cervantes-Pacheco, 826 F.2d 310, 316 (5th Cir. 1987) (special cautionary instruction should be given when government uses paid informant), cert, denied sub nom. Nelson v. United States, 484 U.S. 1026, 108 S. Ct. 749,
We acknowledge that Patterson and the other cases in which this court has stated that a defendant generally is not entitled to a special credibility instruction for state’s witnesses arguably are ambiguous as to whether they held that the trial court is prohibited from giving a special credibility instruction unless the witness falls into a specific exception, or whether they merely held that the trial court is required, as a matter of law, to give a special
We recognize that, under our existing case law, the trial courts are allowed, to give a special credibility instruction when it is warranted by the facts and circumstances of a case, whereas the defendant seeks a new supervisory rule requiring the trial courts to give a special credibility instruction when there is evidence that a witness is particularly unreliable. Such a mandatory rule, however, would necessarily require the trial courts to exercise their judgment in determining whether a special credibility instruction is required. It is clear, therefore, that there is no practical difference between the existing common-law rule that a trial court has the discretion to give a special credibility instruction when it is warranted by the facts and circumstances of a case and a supervisoiy rule that would require a trial court to give such an instruction when it determines, in the exercise of its judgment, that the instruction is warranted. See State v. Lemoine, supra, 233 Conn. 510-11 (“[i]t is within the province, and may be within the duty, of the trial judge to not only call attention to the evidence adduced, but [also] to state to the jury in the charge his own opinion of the nature, bearing and force of such evidence” [emphasis added; internal quotation marks omitted]). Accordingly, because it is clear from our case law that the trial courts already have the discretion to give such an instruction if it is warranted by the facts and circumstances of a case, there is no need for a new supervisory rule requiring them to do so.
Concurring Opinion
concurring.
I agree with the result that the majority reaches and much of its opinion. I write separately only to express the view that this court should exercise its inherent supervisory authority to ensure that trial courts ordinarily give a special credibility instruction in any case in which a government informer has a potential interest in the outcome of the case sufficient to give that witness a motive to falsify his or her testimony to the benefit of the state. A special credibility instruction, which cautions the jury to review the testimony of such an informer with particular scrutiny and to weigh his or her testimony with greater care than the testimony of an ordinary witness, is important in such circumstances because a defendant has a strong interest in ensuring that the jury appreciates the potential that exists for false testimony due to the informer’s self-interest.
In State v. Patterson, 276 Conn. 452, 886 A.2d 777 (2005), this court acknowledged that, as a general rule, “a . . . defendant is not entitled to an instruction singling out any of the state’s witnesses and highlighting his or her possible motive for testifying falsely.” (Internal quotation marks omitted.) Id., 467. This court also has recognized only two exceptions to this rule, namely, the complaining witness exception and the accomplice exception. Id. In Patterson, however, the defendant, Anthony E. Patterson, claimed that we should also recognize an exception for jailhouse informants who provide testimony for the state in return for consideration from the state. “In essence, [Patterson] contended] that the rationale underlying the requirement of a special
We agreed with Patterson that a special credibility instruction is warranted in such cases. We explained: “[A]n informant who has been promised a benefit by the state in return for his or her testimony has a powerful incentive, fueled by self-interest, to implicate falsely the accused. Consequently, the testimony of such an informant, like that of an accomplice, is inevitably suspect. As the United States Supreme Court observed more than fifty years ago, [t]he use of informers, accessories, accomplices, false friends, or any of the other betrayals which are dirty business may raise serious questions of credibility. On Lee v. United States, 343 U.S. 747, 757, 72 S. Ct. 967, 96 L. Ed. 1270 (1952). The United States Supreme Court therefore has allowed defendants broad latitude to probe [informants’] credibility by cross-examination and ha[s] counseled submission of the credibility issue to the jury with careful instructions. . . . Banks v. Dretke, 540 U.S. 668, 702, 124 S. Ct. 1256, 157 L. Ed. 2d 1166 (2004), quoting On Lee v. United States, supra, 757; see Hoffa v. United States, 385 U.S. 293, 311-12, 87 S. Ct. 408, 17 L. Ed. 2d 374 (1966). Indeed, the court recently has characterized such instructions as one of the customary, truth-promoting precautions that generally accompany the testimony of informants. Banks v. Dretke, supra, 701. Because the testimony of an informant who expects to receive a benefit from the state in exchange for his or her cooperation is no less suspect than the testimony of an accomplice who expects leniency from the state . . . [Patterson] was entitled to an instruction substan
Thereafter, in State v. Arroyo, 292 Conn. 568, 567, 973 A.2d 1254 (2009), cert. denied, 559 U.S. 911, 130 S. Ct. 1296, 175 L. Ed. 2d 1086 (2010), we extended our holding in Patterson to apply to the testimony of all jailhouse informants, regardless of whether they have been promised a benefit or merely have an expectation of a benefit. In reaching our conclusion, we observed that one study had “found that a particularly clever informant realizes that a successful performance on the witness stand is enhanced if it appears [that] he or she is not benefiting from the testimony. . . . These informants wait until after they’ve testified to request favors—a request that is generally answered. . . . And, because the reward is not offered before the testimony, the jury has no way to measure the informant’s motivation to fabricate testimony, as the prosecutor ... is under no obligation to disclose nonexisting exculpatory evidence. . . . R. Bloom, [‘Jailhouse Informants,’ 18 Crim. Just. 20, 24 (2003)]. Thus, the expectation of a [r]eward for testifying is a systemic reality; id.; even [when] the informant has not received an explicit promise of a reward.” (Internal quotation marks omitted.) State v. Arroyo, supra, 568.
As we also noted in Arroyo, other commentators have made similar observations about the manner in which the state often deals with informers. See id., 568-69 and nn. 8-10. “[T]he snitch [or informer] system sometimes operates on implicit promises.” Center on Wrongful Convictions, Northwestern University School of Law, “The Snitch System” (2004), p. 15, available at www.law.northwestem.edu/wrongfulconvictions/ issues/causesandremedies/snitches/ SnitchSystemBooklet.pdf (last visited August 3, 2011). Indeed, “[t]he [police] handler has no desire and sees
In the present case, the defendant, Luis Diaz, claims that these same concerns militate in favor of a special credibility instruction whenever an informer expects or seeks a benefit from the state for his testimony, even if he or she has not received an express promise of such a benefit. In the defendant’s view, the reasoning of our decisions in Patterson and Arroyo is equally applicable even when the witness is not a jailhouse informer. The majority agrees that “some of the same concerns” that gave rise to our decisions in those two cases are present “whenever a witness is in a position to receive a benefit from the government.” Specifically, the majority acknowledges that “it is difficult for the defendant to ensure that the jury is fully aware of such a witness’ potential motivations for testifying because both the witness and the government have an incentive not to enter into an explicit agreement before the witness testifies, even though there is frequently an implicit understanding that the witness will receive some consideration in exchange for testifying.” The majority nevertheless rejects the defendant’s invitation to extend the
Although I agree with the majority that a special credibility instruction may be especially important in cases involving jailhouse informers, I do not agree that it follows that such an instruction is unnecessary or unwarranted in other cases in which an informer seeks a benefit from the state. On the contrary, I believe that a special credibility instruction is appropriate in all such cases. In fact, in Patterson, this court addressed this very point in rejecting the state’s argument that a special credibility instruction “is necessary in the case of an accomplice who has been promised leniency in return for his cooperation, but not in the case of an informant who has been promised a benefit for his cooperation, because the testimony of the former is likely to be more powerful and persuasive than that of the latter.” State v. Patterson, supra, 276 Conn. 470 n.ll. The court responded that the state’s argument “misse[d] the
Moreover, as the majority concedes, it is difficult for a defendant to demonstrate the existence of an “implicit understanding” between the state and an informer that the latter will, in fact, receive a benefit for his or her testimony. In fact, it is likely to be impossible for the defendant to demonstrate the existence of such an understanding between the state and its witness. It is not surprising, therefore, that the sometimes murky relationship between the state and a witness seeking a benefit from the state in return for his or her cooperation previously has caused this court to express its concern about the extent to which the true nature of that relationship has been disclosed to the defendant.
This court recently has noted that it is “cognizant of the exhortation of the United States Supreme Court that it is [on] such subtle factors as the possible interest of the witness in testifying falsely that a defendant’s life or liberty may depend. Napue v. Illinois, [360 U.S. 264, 269, 79 S. Ct. 1173, 3 L. Ed. 2d 1217 (1959)].” (Internal quotation marks omitted.) State v. Ouellette, supra, 295 Conn. 190. “[Indeed] [a]s one court has noted, [i]t
Because informers seeking a benefit from the state have a strong motive to falsely inculpate the accused, and because the state has a strong incentive not to enter into an express or explicit agreement with such witnesses, preferring, instead, to keep any such understanding unstated, I agree with those courts that require a special credibility instruction whenever a government informer hopes or expects to receive a benefit from the
I agree with the majority that the defendant, Luis Diaz, is not entitled to plain error review of his claim. I also agree with the majority’s affirmance of the trial court’s judgment. I disagree with the majority only insofar as it rejects the defendant’s contention that this court should exercise its supervisory authority to adopt the rule that he seeks for application in future cases.
To the extent that the majority rejects the defendant’s claim because to accept it would “swallow the rule” that a trial court generally is not required to instruct on the credibility of the state’s witnesses, I disagree with the majority’s reasoning. The state does not use informers in all criminal trials, but, when it does, and when those informers hope or expect to receive a benefit from the state in return for their testimony, the state cannot complain that aspecial credibility instruction is inappropriate because such an instruction is important to ensure that jurors are aware that such informers have a strong motive to falsify or to tailor their testimony.
The majority asserts that Prawl does not “squarely” support the defendant’s contention that a special credibility instruction should be required in cases involving an informer who seeks a benefit from the state because, in Prawl, the court “decline[ed] to decide whether [the] failure to give [an] individual special credibility instruction for government witnesses was [improper] . . . .” (Citation omitted.) Footnote 12 of the majority opinion. I disagree. A careful reading of Prawl reveals that the court did conclude that the District Court’s failure to give the requested charge was improper. See United States v. Prawl, supra, 168 F.3d 628. The court in Prawl did not need to decide whether the error was harmful, however, because the court already had concluded, for another reason, that the defendant in that case was entitled to a new trial. See id., 629 (“[w]e need not decide whether the [court’s failure to give the requested charge] is error that would alone justify vacating the judgment” [emphasis added]).
Reference
- Full Case Name
- State of Connecticut v. Luis Diaz
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- Published