State v. Nathan S.

Summary

This concurrence in State v. Nathan S. addresses the admission of testimony that the defendant made comments to his son about the physical appearances of middle school girls. The concurring judge agrees that the defendant could not establish harm but concludes that the evidence was improperly admitted under the Connecticut Code of Evidence provisions concerning propensity and other sexual misconduct. The concurrence reasons that the comments were not misconduct and were not committed upon a person similar to the alleged victim.

Holdings

1. The comments did not fall within § 4-5 (b). They were private comments that may have been in poor taste but were not improper, wrong, or unlawful misconduct, and they were not misconduct committed upon a person similar to the alleged victim.
2. The trial court abused its discretion by admitting the comments under § 4-5 (c) to prove specific intent because the evidence was cumulative of the victim's testimony and other available evidence, and the defendant's intent would not reasonably have been in doubt if the alleged physical contact occurred.
3. The defendant could not prevail because he failed to satisfy his burden of proving that the nonconstitutional evidentiary error was harmful.

Questions Presented

1. Whether the defendant's comments about middle-school girls constituted other sexual misconduct admissible to prove propensity under § 4-5 (b) of the Connecticut Code of Evidence.
2. Whether the comments were admissible under § 4-5 (c) to prove the defendant's specific intent to obtain sexual gratification.
3. Whether the evidentiary error was harmful when the defendant failed to demonstrate that the admission of the evidence affected the result.

Disposition

other