Danger Creation in the Ninth
Hey, Moses! Head Out to the Lawn!

Not So Pretty In Pink

My insurance company has more rights than I do.

How can I be so confident? I just lost an appeal in a criminal case that would never have gone to verdict were it a mere fender bender.

The charge? Murder. The defense? Mere presence, an unindicted co-conspirator did it.

At trial the state kept coming up with one late disclosure after another. The trial was delayed a number of times while trial counsel -- me -- regrouped to cope with yet more new information.

Today the Connecticut Supreme Court held there was nothing wrong with trial by ambush.  State v. Pink

Another issue of significance: The Court held that a pretrial detainee has no more expectation of privacy than does a sentenced inmate. Wow!

Finally, the Court ducked altogether an issue: Prior to trial, one judge granted an ex parte restraining order keeping exculpatory evidence under seal. At trial, a different judge disagreed, and gave the information to the defense. We briefed whether the prior judge had abandoned her role as a neutral and detached magistrate by entering the order.

The Court's holding? It was not adequately briefed. Why? No case law in support of the proposition. Perhaps there was no case law on point because no judge had ever made such a grievous error.

Am I disappointed and bitter? Yes. Thoughts on certiorari?

Postscript: Here is a press account of the appeal. Wonder who I pissed off at The Courant? ouch