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STATE v. JOHNSON

(SC 15132)

241 Conn. 702 (1997)

STATE OF CONNECTICUT v. DUANE B. JOHNSON

Supreme Court of Connecticut.

Officially released July 22, 1997.

Attorney(s) appearing for the Case

Louis S. Avitabile, special public defender, with whom, on the brief, was Meryl Anne Spat, for the appellant (defendant).

Jack W. Fischer, assistant state's attorney, with whom were Mark S. Solak, state's attorney, and, on the brief, Harry Weller, assistant state's attorney, Ronald G. Weller, deputy assistant state's attorney, and David Scannell, legal intern, for the appellee (state).

G. Douglas Nash, chief of legal services, and Gerard A. Smyth, chief public defender, filed a brief for the office of the chief public defender as amicus curiae.

Callahan, C. J., and Borden, Berdon, Norcott, Katz, Palmer and McDonald, JS.

Opinion

NORCOTT, J.

The principal issue in this appeal is whether, under the circumstances of this case, felony murder can serve as the predicate murder for a capital felony conviction. The defendant, Duane B. Johnson, was charged in an amended information with felony murder in violation of General Statutes § 53a-54c,1 capital felony in violation of General Statutes §...

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