State v. Patel, 327 Conn. 932

Summary

The Connecticut Supreme Court considers whether the state constitutional right to bail continues after a defendant has been found guilty but before sentencing. The court holds that the right to bail under article first, § 8, of the Connecticut Constitution is extinguished upon conviction, meaning a finding of guilt accepted by the court. The court also concludes that it has jurisdiction to review the postconviction bail order and that the matter falls within the capable-of-repetition-yet-evading-review exception to mootness.

Holdings

1. The term 'accused' in General Statutes § 54-63g and Practice Book § 78a-1 includes a criminal defendant after conviction for purposes of seeking review of a release order.
2. The petition was not moot because the constitutional bail question was capable of repetition yet evading review.
3. Article first, § 8, of the Connecticut constitution does not afford a constitutional right to bail after a defendant has been found guilty, whether by verdict or plea, and before sentencing.
4. The 1965 amendment to article first, § 8, did not expand the constitutional right to bail to the period between conviction and sentencing.

Questions Presented

1. Whether General Statutes § 54-63g and Practice Book § 78a-1 authorize review of a postconviction bail order notwithstanding their reference to an 'accused person.'
2. Whether the petition remained reviewable after the defendant was sentenced while it was pending under the capable-of-repetition-yet-evading-review exception to mootness.
3. Whether article first, § 8, of the Connecticut constitution creates a right to bail after a finding of guilt but before sentencing.
4. Whether the 1965 amendment to article first, § 8, expanded the constitutional right to bail to the period between conviction and sentencing.
5. Whether General Statutes § 54-63f is unconstitutional insofar as it bars release pending sentencing of persons convicted of specified homicide offenses.

Disposition

other