STATE v. APONTE

(SC 16546)

259 Conn. 512 (2002)

STATE OF CONNECTICUT v. RAYMOND APONTE

Supreme Court of Connecticut.

Officially released February 26, 2002.


Attorney(s) appearing for the Case

Donald D. Dakers, special public defender, for the appellant (defendant).

Frederick W. Fawcett, supervisory assistant state's attorney, with whom, on the brief, were Jonathan C. Benedict, state's attorney, and John F. Blawie, senior assistant state's attorney, for the appellee (state).

Borden, Norcott, Katz, Palmer and Vertefeuille, JS.


Opinion

NORCOTT, J.

The principal issue in this certified appeal is whether the trial court's instructions to the jury improperly imposed on the jury a mandatory presumption, thereby shifting the burden of proof from the state to the defendant and depriving the defendant of a constitutionally fair trial. Although the trial court's instructions contained language that we have used in the past, the defendant claims that this language was improper in...

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