State v. Winer, 286 Conn. 666

Summary

The Supreme Court of Connecticut reversed the Appellate Court's determination that a criminal charge had been automatically nolled under General Statutes § 54-142a(c). The court held that the statute requires an explicit request for a continuance by the prosecuting attorney and that the state's statement that the case would remain on the firm jury trial list did not satisfy that requirement. The case was remanded for consideration of the defendant's remaining claims.

Holdings

1. Section 54-142a(c) is an administrative nolle-and-erasure provision designed to prevent criminal cases from remaining indefinitely dormant and to promote efficient docket management; it is not a statute requiring that trial commence within thirteen months as a speedy-trial guarantee.
2. The state's statement that the case would remain on the firm jury trial list was not an express request for a continuance under § 54-142a(c), and the trial court did not grant a continuance in response to that statement.
3. The Appellate Court improperly construed § 54-142a(c) and improperly ordered dismissal of the charge.

Questions Presented

1. Whether General Statutes § 54-142a(c) is a speedy-trial provision or instead an administrative nolle-and-erasure provision.
2. Whether the state's statement that the case would remain on the firm jury trial list constituted a continuance at the request of the prosecuting attorney under § 54-142a(c).
3. Whether the Appellate Court properly ordered dismissal based on its construction of § 54-142a(c) and its review of the record.

Disposition

reversed_and_remanded