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STATE v. TERWILLIGER

No. 18116.

984 A.2d 721 (2009)

294 Conn. 399

STATE of Connecticut v. David B. TERWILLIGER.

Supreme Court of Connecticut.

Decided December 29, 2009.

Attorney(s) appearing for the Case

James M. Ralls, senior assistant state's attorney, with whom, on the brief, were Patricia M. Froehlich, state's attorney, Mark Stabile, supervisory assistant state's attorney, and Matthew A. Crockett, senior assistant state's attorney, for the appellant (state).

Glenn W. Falk, special public defender, for the appellee (defendant).

ROGERS, C.J., and NORCOTT, KATZ, PALMER, VERTEFEUILLE and ZARELLA, Js.

ROGERS, C.J.

The primary issue in this case is whether a trial court's failure to explicitly instruct the jury that the state bears the burden of disproving the defendant's defense of premises theory beyond a reasonable doubt violates a criminal defendant's due process right to a fair trial. The defendant, David B. Terwilliger, was convicted after a jury trial of manslaughter in the first degree with a firearm in violation...

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