Summary
The Connecticut Supreme Court held that when a jury is unable to reach a unanimous verdict on a greater charged offense, and the trial court declares a mistrial on that offense, the court must also declare a mistrial on a separately charged lesser included offense. The court concluded that allowing deliberations to continue on the lesser offense violated the acquittal-first principles articulated in State v. Sawyer and risked compromise verdicts and double-jeopardy concerns. The judgment of conviction for first-degree manslaughter was reversed and the case was remanded for a new trial.
Topics
Practice areas
Questions Presented
- Whether, when the state charges a defendant with a greater offense and a lesser included offense in separate counts, and the jury is unable to reach a unanimous verdict on the greater offense, the trial court must declare a mistrial as to both counts rather than permit deliberation on the lesser included offense.
- Whether the trial court improperly refused to instruct the jury to consider whether the defendant acted in self-defense.
Holdings
- When the state charges a defendant with a greater offense and a lesser included offense in separate counts, and the jury cannot reach a unanimous verdict on the greater offense, the trial court must declare a mistrial as to both the greater and lesser included offenses. The court may not permit the jury to deliberate on the lesser included offense after declaring a mistrial on the greater offense.
Key quotations
“Accordingly, we hold that where the state has charged the defendant with two offenses, one of which is a lesser included offense of the other, and the jury is unable to reach a unanimous verdict on the greater offense charged, the trial court must declare a mistrial as to both the greater and the lesser included offenses.” (405)
“The lesser included offense doctrine is more than a mere procedural guideline for trial courts to follow.” (407)
Factual background
Salgado sold heroin to Isidro Torres and Roberto Torres at a Hartford apartment building. After a dispute over the amount of money paid, a struggle occurred, and Salgado retrieved a gun and shot Isidro Torres in the arm as the men fled. Torres later died from the gunshot wound.
Procedural history
The state charged Salgado with murder and manslaughter in the first degree in separate counts. After the jury reported that it was deadlocked on the murder count, the trial court declared a mistrial on that count but directed the jury to deliberate on the manslaughter count, resulting in a guilty verdict. The trial court denied Salgado's motions for a mistrial on both counts and for a new trial, and rendered judgment on the manslaughter conviction. The Supreme Court reversed and remanded for a new trial.
Remand instructions
The judgment of conviction was reversed, and the case was remanded to the trial court for a new trial.