State v. Bowden

Citations

• 344 Conn. 266

Syllabus

Convicted of numerous crimes, including felony murder, in connection with the shooting death of the victim, the defendant appealed to this court. 635–36, 639, 264 A.3d 894 (2021). The claim the state now raises, however, does not fall under the auspices of State v. Golding, 213 Conn. 233, 239–40, 567 A.2d 823 (1989). The state had an adequate opportunity to assert a factual basis for the applicability of these doctrines in responding to the defendant's motion to suppress the evidence that was obtained pursuant to the warrants. Its decision to forgo that opportunity obviates the need for a more limited remand. 344 Conn. 266 AUGUST, 2022 267 State v. Bowden Six days after the victim was found dead in a park with a gunshot wound to his head, the police stopped the defendant, who was driving the victim's missing vehicle, and found two of the victim's credit cards in the defendant's pocket. The defendant was arrested, and the police interviewed him and seized his cell phone. While incarcerated, the defen- dant asked his mother to dispose of the clothes that he was wearing on the night of the murder and asked his sister to dispose of a revolver that was stored at his grandmother's house. The police subsequently executed search warrants at the defendant's residence and his grand- mother's house, where they recovered the clothing and the revolver, respectively. The police also obtained a search warrant to extract and search the data on the defendant's cell phone. Prior to trial, the defendant filed a motion to suppress the evidence obtained pursuant to that war- rant. The trial court denied that motion, and, at trial, the state admitted evidence of call logs and text messages between the defendant and the victim, call logs and text messages between the defendant and another individual, B, and a photograph of a revolver. The defendant testified in his own defense, denying his involvement in the crimes and stating that, although he had been at the park with the victim, anothe