State v. William A.

Citations

• 234 Conn. App. 718

Syllabus

Convicted, following a jury trial, of the crimes of sexual assault in the fourth degree and risk of injury to a child, the defendant appealed. He claimed, inter alia, that the state deprived him of his fifth amendment right to remain silent when the prosecutor impermissibly asked a question and elicited testimony about the defendant's silence occurring after he had been informed of his rights under Miranda v. Arizona (384 U.S. 436), in violation of Doyle v. Ohio (426 U.S. 610), during the state's case-in-chief and com- mented about the defendant's post-Miranda silence during closing argu- ment. Held: This court reviewed the merits of the defendant's unpreserved claim of a Doyle violation pursuant to State v. Golding (213 Conn. 233), as it was of constitutional magnitude and the record was adequate to review the alleged claim of error. This court, having concluded that the defendant had established the exis- tence of a constitutional violation that violated his due process right to a fair trial for purposes of the third prong of Golding, further concluded that the state failed to meet its burden of proof that the Doyle violation was not harmless beyond a reasonable doubt, as the state's case against the defendant was not particularly strong and the prosecutor made multiple remarks con- cerning the defendant's post-Miranda silence, which struck at the jugular of the defendant's theory of defense or suggested a connection between the defendant's silence and his guilt; accordingly, this court reversed the judgment of the trial court and remanded the case for a new trial. Argued March 11—officially released September 2, 2025 In accordance with our policy of protecting the privacy interests of the victims of sexual assault and the crime of risk of injury to a child, we decline to use the defendant's full name or to identify the complainant or others through whom the complainant's identity may be ascertained. See General Statutes § 54-86e. Moreover, in accordance with fede