Legal Opinion · Concurring in part, dissenting in part

State v. Berthiaume

Connecticut Appellate Court

Decided March 14, 2017No. AC37913Published

1Concurring in part, dissenting in partKeller, J.

I concur with part II of the majority opinion. I respectfully dissent with respect to the conclusion reached in part I, that there was sufficient evidence for the jury to reasonably infer that the defendant, Toby Arthur Berthiaume, knowingly or recklessly inflicted physical injury on the victim and is therefore guilty of burglary in the first degree in violation of General Statutes § 53a-101 (a) (2).

I begin by noting that although Jessica Navarro-Gilmore's testimony about seeing two people acting suspiciously and holding a small flat television screen or monitor suggested that two people were…

2Cases cited16 opinions

  1. Cole v. ArkansasSupreme Court of the United States · 1948
  2. State v. HuffordSupreme Court of Connecticut · 1987
  3. State v. SaracinoSupreme Court of Connecticut · 1979
  4. State v. GrantSupreme Court of Connecticut · 1979
  5. State v. AllenSupreme Court of Connecticut · 2008

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