State v. Bester
Citations
- 353 Conn. 720
Syllabus
Convicted of murder and criminal possession of a firearm in connection with the shooting death of the victim, the defendant appealed to this court. He claimed, inter alia, that his constitutional right to confrontation was violated when the trial court allowed G, the state's gunshot residue expert, to base her testimony on the data and notes of K, the analyst who performed the gunshot residue test but who did not testify at trial, and when the prosecutor, while cross-examining the defendant, elicited certain testimonial hearsay statements. Held: The defendant's unpreserved claim that his right to confrontation was vio- lated when the trial court allowed G to base her testimony on the data and notes of K failed under the first prong of State v. Golding (213 Conn. 233), as the record was inadequate to determine whether K's data and notes were testimonial in nature. This court declined to adopt the state's proposed blanket rule, which was based on its assertion that the confrontation clause is not self-executing, that all confrontation claims that are not preserved at trial are forfeited and thus not reviewable under Golding. The state's proposed rule ran the risk of undermining the purpose of Golding review, which is to save unpreserved but meritorious constitutional claims that implicate fundamental rights when the record is adequate for appellate review, by eliminating a narrow class of unpreserved but not affirmatively 353 Conn. 720 DECEMBER, 2025 721 State v. Bester waived confrontation clause claims, even when a constitutional violation is apparent from an adequate record. The confrontation clause's prohibition against the admission of an unavail- able witness' out-of-court statements applies only to testimonial hearsay, and a determination of whether hearsay is testimonial is dependent in part on whether the declarant had a reasonable expectation, under the circum- stances, that his or her words subsequently could be used for purposes of prosecution. In the pres
Judges: Mullins; McDonald; D’Auria; Ecker; Alexander; Dannehy; Bright
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25 cases in this archive are cited by this case; the 20 most cited are listed.
- Crawford v. WashingtonSupreme Court· 2004-03-08· cited 14,756×
- Melendez-Diaz v. MassachusettsSupreme Court· 2009-06-25· cited 2,882×
- State v. GoldingSupreme Court of Connecticut· 1989-12-19· cited 2,736×
- Bullcoming v. New MexicoSupreme Court· 2011-06-23· cited 1,225×
- State v. SalamonSupreme Court of Connecticut· 2008-07-01· cited 243×
- Brunetti v. ConnecticutSupreme Court· 2007-02-20· cited 116×
- State v. BrunettiSupreme Court of Connecticut· 2006-07-11· cited 116×
- Smith v. ArizonaSupreme Court· 2024-06-21· cited 115×
- State v. SmithSupreme Court of Connecticut· 2008-11-25· cited 99×
- State v. BarnesSupreme Court of Connecticut· 1995-05-02· cited 74×
- State v. SlaterSupreme Court of Connecticut· 2008-01-22· cited 62×
- State v. HolleySupreme Court of Connecticut· 2018-01-12· cited 51×
- United States v. Pereneal KizzeeFifth Circuit· 2017-12-15· cited 36×
- State v. JohnsonSupreme Court of Connecticut· 2022-10-25· cited 24×
- State v. RodriguezSupreme Court of Connecticut· 2020-09-24· cited 23×
- State v. WalkerSupreme Court of Connecticut· 2019-08-13· cited 18×
- Alex Molina v. StateTex. App. Ct., 14th Dist. (Houston)· 2014-10-30· cited 17×
- State v. LebrickSupreme Court of Connecticut· 2020-01-28· cited 17×
- State v. DiazSupreme Court of Connecticut· 2024-04-09· cited 17×
- State v. DabateSupreme Court of Connecticut· 2025-03-11· cited 15×
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