STATE v. TATE

(SC 16311)

256 Conn. 262 (2001)

STATE OF CONNECTICUT v. JAMES TATE

Supreme Court of Connecticut.

Officially released May 22, 2001.


Attorney(s) appearing for the Case

Kent Drager, senior assistant public defender, for the appellant (defendant).

Eileen McCarthy Geel, assistant state's attorney, with whom, on the brief, were Eugene J. Callahan, state's attorney, and Maureen Ornousky, assistant state's attorney, for the appellee (state).

Sullivan, C. J., and Borden, Norcott, Katz and Palmer, Js.


Opinion

KATZ, J.

The dispositive issue in this interlocutory appeal is whether the trial court properly found, over the defendant's objection, the requisite manifest necessity to declare a mistrial despite its failure to inquire of the jurors, as requested by the defendant, whether they had reached a unanimous verdict on the charge of murder, or any of the lesser included offenses charged, before declaring that they were deadlocked. We conclude that...

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