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STATE v. DARDEN

(15360)

239 Conn. 467 (1996)

STATE OF CONNECTICUT v. JAMES DARDEN

Supreme Court of Connecticut.

Officially released December 31, 1996.

Attorney(s) appearing for the Case

Lawrence J. Tytla, senior assistant state's attorney, with whom, on the brief, was Kevin T. Kane, state's attorney, for the appellant (state).

Jeremiah Donovan, with whom, on the brief, was Alix Biel, law student intern, for the appellee (defendant).

Berdon, Katz, Palmer, McDonald and Peters, JS.

MCDONALD, J.

The sole issue in this certified appeal is whether the Appellate Court properly ordered a new trial rather than an evidentiary hearing after concluding that the trial court did not apply the Asherman1 balancing test to determine whether the failure of the state to preserve potentially exculpatory evidence deprived the defendant of due process under the Connecticut constitution. State v. Darden,

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