State v. Brown

I concur in part I of the majority opinion.

I respectfully dissent, however, as to part II.

This court granted the state’s petition for certification to appeal from the Appellate Court’s reversal of the defendant’s conviction as follows: “Did the Appellate Court properly conclude that (1) the trial court abused its discretion in denying the defendant’s motion for a *472continuance for DNA1 testing, and (2) the error was so prejudicial that it denied the defendant a fair trial?” State v. Brown, 238 Conn. 901, 677 A.2d 1376 (1996). This court has answered that question in the negative. Now, “[i]n the…