State v. Gaston

Citations

• 201 Conn. App. 276

Syllabus

Convicted of the crime of murder in connection with the shooting death of the victim, the defendant appealed, claiming that the trial court commit- ted plain error pursuant to the applicable rule of practice (§ 60-5) when it permitted W, the key witness against him, to testify instead of accepting W's invocation of his fifth amendment right against self-incrimination. W previously had been charged with felony murder, robbery in the first degree and conspiracy to commit robbery in the first degree in connection with the victim's death. A different trial court found no probable cause with respect to the felony murder charge against W and, after a trial, found him not guilty of robbery in the first degree and conspiracy to commit robbery in the first degree. When W invoked his fifth amendment privilege at the start of the state's direct examination of him, the court instructed counsel who had represented W during the proceedings in W's case to advise W of his rights. W then testified against the defendant, who did not object to or seek to preclude W's testimony. Held that this court lacked subject matter jurisdiction over the defen- dant's appeal, as he lacked standing to challenge the trial court's rejec- tion of W's invocation of his fifth amendment privilege against self- incrimination; that right is a personal privilege that adheres to the person and not to information that may incriminate him, and, accordingly, the appeal was dismissed. Argued September 22—officially released November 10, 2020