State v. Stephanie U.

Citations

• 206 Conn. App. 754

Syllabus

Convicted of various crimes in connection with her actions while attempting to pick up her child from day care while allegedly under the influence of intoxicating liquor or drugs, the defendant appealed to this court. The defendant testified on her own behalf at trial. During cross-examina- tion, the prosecutor asked the defendant whether she had an interest in the outcome of the trial and implied that the defendant had the opportunity to tailor her testimony by taking the stand after observing the testimony of all of the other witnesses. Additionally, during the rebuttal portion of her closing argument, the prosecutor argued that the defendant was the only witness who had the opportunity to hear the testimony of the other witnesses prior to giving her own testimony, that she had a vested interest in the outcome of the case, and that the jurors could consider that interest in their decision-making process. On appeal, the defendant claimed, inter alia, that the prosecutor's questioning and argument constituted generic tailoring, which violated her right to con- frontation and her right to testify on her own behalf under both the state and federal constitutions. Held: 1. The defendant failed to prove her unpreserved claim that the prosecutor violated her state constitutional rights to confront witnesses against her and to testify on her own behalf: although the state's tailoring questions and argument were generic because they were not tied to evidence that specifically gave rise to an inference of tailoring and instead focused on the defendant's presence in the courtroom, her ability to observe the proceedings, and her interest in the outcome of the trial, the defen- dant failed to prove that the state constitution offered greater protection than the federal constitution and, accordingly, failed to establish a consti- tutional violation under State v. Geisler (222 Conn. 672), as the language of article first, § 8, of the Connecticut constitution was virtually identic