Legal Opinion

State v. Burke

Supreme Court of Connecticut

Decided November 11, 1980PublishedCited by 57 opinions

1Opinion of the CourtCotter, C. J.

The sole issue raised in this appeal is whether the trial court’s failure to give the “no unfavorable inference” instruction mandated by General Statutes § 54-84 (b) is reversible error even when the defendant’s trial counsel failed to object to its omission from the charge delivered by the trial court. Because we find error in the trial court’s failure to give the required instruction to the jury, we do not discuss the facts except insofar as they relate to the jury instruction here at issue.

At the close of the state’s case, defense counsel informed the court that the defendant would not…

2Cases cited22 opinions

  1. State v. EvansSupreme Court of Connecticut · 1973
  2. Bruno v. United StatesSupreme Court of the United States · 1939
  3. United States v. Ralph Garguilo and Joseph MacChiaCourt of Appeals for the Second Circuit · 1962
  4. State v. BriggsSupreme Court of Connecticut · 1979
  5. State v. WilliamsSupreme Court of Connecticut · 1980

17 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. State v. MillerSupreme Court of Connecticut · 1987
  2. State v. HinckleySupreme Court of Connecticut · 1985
  3. State v. KellySupreme Court of Connecticut · 2001
  4. State v. SinclairSupreme Court of Connecticut · 1985
  5. Adolphson v. Zoning Board of AppealsSupreme Court of Connecticut · 1988

52 more not listed; retrieve them via the Exa API.

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