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STATE v. JAMES

(SC 16591)

261 Conn. 395 (2002)

STATE OF CONNECTICUT v. JOSEPH ALEXANDER JAMES

Supreme Court of Connecticut.

Officially released August 13, 2002.

Attorney(s) appearing for the Case

Marjorie Allen Dauster, senior assistant state's attorney, with whom, on the brief, were James E. Thomas, state's attorney, and Victor Carlucci, Jr., assistant state's attorney, for the appellant (state).

Nicholas P. Cardwell, with whom, on the brief, was Matthew J. Costello, for the appellee (defendant).

Borden, Norcott, Palmer, Vertefeuille and Zarella, Js.

Opinion

NORCOTT, J.

Following our grant of certification, the state appeals from the Appellate Court's dismissal of its appeal for lack of subject matter jurisdiction. The state claims that the Appellate Court improperly: (1) refused to incorporate the inquiry of Lozada v. Deeds, 498 U.S. 430, 432, 111 S.Ct. 860, 112 L. Ed. 2d 956 (1991), into the abuse of discretion standard for review of denials of state...

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