Legal Opinion · Concurrence

State v. Stevens

Supreme Court of Connecticut

Decided May 2, 2006No. SC 17320Published

1ConcurrenceNorcott, J.

I agree with the result reached by the majority in this case, but write separately because I disagree with much of the reasoning supporting the majority’s conclusion that enforcement of the “no arrest” condition of the plea agreement in this case, pursuant to State v. Garvin, 242 Conn. 296, 699 A.2d *14921 (1997) (Garvin agreement),1 did not violate the due process rights of the defendant, Linda M. Stevens.2 In my view, the Appellate Court properly concluded that proof of a subsequent arrest, even one supported by probable cause, is not by itself a constitutionally sufficient basis for increasing a…

2Cases cited27 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  3. Dretke v. HaleySupreme Court of the United States · 2004
  4. People v. OutleyNew York Court of Appeals · 1993
  5. Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 2000

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