Legal Opinion · Dissent

State v. Hamilton

Supreme Court of Connecticut

Decided January 11, 1994No. 14704Published

1DissentBerdon, J.

I agree with the majority that the Appellate Court was incorrect in holding that the defendant must demonstrate specific prejudice or claim ineffective assistance of counsel in order to overturn the denial of a motion for a continuance to obtain new counsel. Nevertheless, I disagree with the majority’s analysis and result in this matter.

The majority reviews the defendant’s right to counsel claim under the sixth amendment to the United States constitution. I would not reach the issue under the federal constitution, but rather under the constitution of Connecticut. This sequence of review,…

2Cases cited31 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  5. Powell v. AlabamaSupreme Court of the United States · 1932

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