Legal Opinion

State v. Colton, No. Cr6-289646 (Jan. 5, 1994)

Connecticut Superior Court

Decided January 5, 1994No. CR6-289646Unpublished

1Opinion of the Court

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION The defendant, Murray Colton, who is charged with murder in violation of General Statutes 53a-54a and 53a-8, has moved to dismiss the charges against him, asserting that (1) double jeopardy principles bar a fourth trial because of prosecutorial misconduct at the third trial; (2) there is insufficient evidence because the former testimony of a key government witness, who is now deceased and, therefore, unavailable, may not be introduced in the fourth trial; (3) a fourth trial would undermine the…

2Cases cited16 opinions

  1. Ohio v. RobertsSupreme Court of the United States · 1980
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. California v. GreenSupreme Court of the United States · 1970
  4. Oregon v. KennedySupreme Court of the United States · 1982
  5. Commonwealth v. SmithSupreme Court of Pennsylvania · 1992

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