State v. Mebane

Citations

• 350 Conn. 483

Syllabus

Convicted of murder, criminal possession of a pistol or revolver, and carrying a pistol or revolver without a permit, the defendant appealed to this court. The defendant claimed, inter alia, that the trial court had violated his due process right to a fair trial by asking certain witnesses questions that favored the state and prejudiced him, and that the trial court had improperly instructed the jury on the presumption of innocence and his presence at the scene of the crime. Held: The defendant failed to prove the existence of a constitutional violation in connection with the trial court's questioning of certain witnesses in an allegedly partisan manner, as that questioning was not so extensive, substan- tial, or adverse so as to impair the proper functioning of the jury or to call into question the impartiality of the trial judge. The evidence was sufficient to support the defendant's murder conviction, as the jury could reasonably have found that the defendant had the conscious objective to cause the victim's death. The defendant waived his unpreserved claims of instructional error, as defense counsel had a meaningful opportunity to review the jury instructions, the trial court solicited comments from counsel regarding changes or modifi- cations, and defense counsel did not request any such changes or modifica- tions but, rather, affirmatively accepted the challenged instructions on two occasions. The challenged jury instructions were not so clearly, obviously, or indisput- ably erroneous as to require reversal of the defendant's conviction under the plain error doctrine. (One justice dissenting in part) Argued December 20, 2023—officially released August 20, 2024 August 20, 2024, the date that this decision was released as a slip opinion, is the operative date for all substantive and procedural purposes. 484 NOVEMBER, 2024 350 Conn. 483 State v. Mebane