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DUPERRY v. SOLNIT

(SC 16618)

261 Conn. 309 (2002)

ADAM DUPERRY v. ALBERT SOLNIT, COMMISSIONER OF MENTAL HEALTH AND ADDICTION SERVICES

Supreme Court of Connecticut.

Officially released August 13, 2002.

Attorney(s) appearing for the Case

Jo Anne Sulik, assistant state's attorney, with whom, on the brief, were James Thomas, state's attorney, Vicki Melchiorre, senior assistant state's attorney, and George Ferko, assistant state's attorney, for the appellant (respondent).

William W. Fick, certified legal intern, with whom were Brett Dignam and, on the brief, Scott L. Shuchart, law student intern, for the appellee (petitioner).

Monte P. Radler, public defender, with whom, on the brief, was Gerard A. Smyth, for the office of the chief public defender, as amicus curiae.

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

Opinion

VERTEFEUILLE, J.

The principal issues in this appeal are whether the habeas court: (1) improperly established a new constitutional rule in a collateral proceeding in contravention of the principle announced in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L. Ed. 2d 334 (1989), by concluding that a criminal defendant who pleads not guilty with the affirmative defense of mental disease or defect...

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