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STATE v. LOPEZ

(15320)

239 Conn. 56 (1996)

STATE OF CONNECTICUT v. HERIBERTO LOPEZ

Supreme Court of Connecticut.

Officially released August 20, 1996.

Attorney(s) appearing for the Case

Lauren Weisfeld, assistant public defender, with whom was Christopher DeMarco, assistant public defender, for the appellant (defendant).

Jack W. Fischer, assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Gary W. Nicholson, assistant state's attorney, for the appellee (state).

Peters, C. J., and Callahan, Berdon, Norcott and Katz, Js.

KATZ, J.

The sole issue in this certified appeal is whether the Appellate Court properly upheld the trial court's decision to exclude the confession of a third party. We conclude that the trial court abused its discretion in failing to determine that the third party declarant was unavailable and, because the trial court did not decide whether her statement was trustworthy, we remand the case for further proceedings.1

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