STATE v. McCAHILL

(SC 16574)

261 Conn. 492 (2002)

STATE OF CONNECTICUT v. JAMES A. McCAHILL (HHB CR99-0005116-T). JENNIFER F. v. JAMES A. McCAHILL ET AL.

Supreme Court of Connecticut.

Officially released August 20, 2002.


Attorney(s) appearing for the Case

Daniel J. Krisch, with whom were James F. Papillo, victim advocate, and Daniel T. Butler, for the plaintiff in error.

Jon L. Schoenhorn, for the defendant in error-respondent (James A. McCahill).

Bruce R. Lockwood, assistant state's attorney, with whom, on the brief, were John M. Bailey, chief state's attorney, Scott J. Murphy, state's attorney, and Brian Preleski, assistant state's attorney, for the defendant in error-petitioner (state).

Richard Blumenthal, attorney general, Gregory T. D'Auria, associate attorney general, and Jane R. Rosenberg, assistant attorney general, filed a brief for the office of the attorney general as amicus curiae.

Richard Emanuel filed a brief for the Connecticut Criminal Defense Lawyers Association et al. as amici curiae.

Helen L. McGonigle, Douglas E. Beloof, pro hac vice, and Gina McClard, pro hac vice, filed a brief for the National Center for Victims of Crime et al. as amici curiae.

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.

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


Opinion

NORCOTT, J.

This is a petition for bail review filed by the state pursuant to General Statutes § 54-63g.1 The dispositive issue presented is whether an amendment to General Statutes (Rev. to 1999) § 54-63f, namely, No. 00-200, § 5, of the 2000 Public Acts (P.A. 00-200, § 5),2 which prohibits a trial court from releasing...

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