State v. Marrero-Alejandro, 324 Conn. 780

154 A.3d 1005 (2017) · Supreme Court of Connecticut · March 14, 2017 · No. SC 19559

Summary

The Connecticut Supreme Court dismissed the defendant’s appeal as improvidently granted. The court reformulated the certified question concerning an unpreserved challenge to the admission of DNA evidence from a buccal swab taken after the defendant invoked his right to counsel, but did not reach the merits.

Holdings

  1. The certified question was reformulated to address whether the Appellate Court properly concluded that the defendant's unpreserved challenge to admission of the buccal-swab evidence did not present a question of constitutional magnitude.
  2. The appeal was dismissed because certification had been improvidently granted.

Questions Presented

  1. Whether the certified question accurately stated the issue actually presented and decided on appeal.
  2. Whether the appeal should be dismissed because certification had been improvidently granted after the defendant failed to challenge the Appellate Court's conclusion that the buccal-swab challenge was unpreserved.

Disposition

dismissed

Cases Cited (4)

  • State v. Marrero-Alejandro, 159 Conn. App. 376, 396-398, 122 A.3d 272 (2015)(applied)
  • State v. Golding, 213 Conn. 233, 239-240, 567 A.2d 823 (1989)(applied)
  • State v. Ouellette, 295 Conn. 173, 184, 989 A.2d 1048 (2010)(applied)
  • Rosado v. Bridgeport Roman Catholic Diocesan Corp., 276 Conn. 168, 191, 884 A.2d 981 (2005)(applied)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…