STATE v. CASTONGUAY

(13498), (13515)

218 Conn. 486 (1991)

STATE OF CONNECTICUT v. GARY G. CASTONGUAY

Supreme Court of Connecticut.

Decision released May 7, 1991.


Attorney(s) appearing for the Case

Lauren Weisfeld, assistant public defender, with whom, on the brief, was G. Douglas Nash, public defender, for the appellant in the first appeal, appellee in the second appeal (defendant).

Julia DiCocco Dewey, assistant state's attorney, with whom, on the brief, were John M. Bailey, state's attorney, and James Thomas, assistant state's attorney, for the appellee in the first appeal, appellant in the second appeal (state).

PETERS, C. J., COVELLO, HULL, BORDEN and SANTANIELLO, JS.


PETERS, C. J.

The principal issue in this appeal is whether a criminal defendant's prior testimony, voluntarily given at a trial that resulted in a conviction subsequently overturned on appeal, may properly be used as substantive evidence against the defendant in a subsequent retrial at which he elects not to testify. In a prior case, State v. Castonguay, 194 Conn. 416, 481 A.2d 56 (1984) (Castonguay I), this...

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