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STATE v. WASHINGTON

182 Conn. 419 (1980)

STATE OF CONNECTICUT v. ERIC WASHINGTON

Supreme Court of Connecticut.

Decision released July 1, 1980.

Reargued October 14, 1980.

Substitute decision released December 9, 1980.

Attorney(s) appearing for the Case

Donald D. Dakers, assistant public defender, with whom, on the brief, were Joette K. Rubin, assistant public defender, and Thomas Ullmann, law student intern, for the appellant (defendant).

William F. Gallagher, special assistant state's attorney, with whom, on the brief, was Arnold Markle, state's attorney, for the appellee (state).

COTTER, C. J., BOGDANSKI, SPEZIALE, PETERS and PARSKEY, JS.

SPEZIALE, J.

This appeal involves the issue of whether it is unconstitutional for a trial court to instruct the jury that prior to the time that a case is submitted to them they may "discuss" the evidence they have heard provided they do not "deliberate, take a vote, [or] come to a conclusion." We hold that such an instruction is unconstitutional.

The defendant, Eric Washington, was ordered transferred by the Juvenile...

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