State v. Baptiste

Opinion

BISHOP, J.

The defendant was convicted of assault of a peace officer in violation of General Statutes § 53a-167c and two counts of interfering with an officer in violation of General Statutes § 53a-167a. On remand from our Supreme Court, 1 the defendant claims that the trial court erred in failing to instruct the jury that it had to consider the reasonableness of the force used by the police in determining whether the officer was acting “in the performance of his duties” at the time of the assault, thereby violating the defendant’s due process rights to present a defense and to have the…