State v. Elmer G.

SC 20031 (Conn. Sept. 17, 2019) · Supreme Court of Connecticut · September 17, 2019 · No. SC 20031

Summary

The Connecticut Supreme Court affirmed the defendant’s convictions for sexual assault, risk of injury to a child, and criminal violation of a restraining order. The court held that sufficient evidence established the defendant’s knowledge of the restraining order’s terms and that the prosecutor’s challenged questioning and closing arguments did not deprive him of a fair trial.

Holdings

  1. The evidence was sufficient for a reasonable jury to find that the defendant knowingly violated the temporary restraining order by contacting the victim through two text messages and a letter outside the permitted weekly, supervised visits.
  2. The prosecutor’s questions concerning the witnesses’ truthfulness and the challenged closing arguments did not constitute prosecutorial impropriety and did not deprive the defendant of a fair trial.

Questions Presented

  1. Whether the evidence was sufficient to prove that the defendant knowingly contacted the victim in violation of the temporary restraining order.
  2. Whether prosecutorial questioning and closing argument regarding witness credibility, the victim’s circumstances, and the absence of a motive to fabricate deprived the defendant of a fair trial.

Disposition

affirmed

Cases Cited (20)

  • State v. Elmer G., 176 Conn. App. 343, 361, 375-377, 383, 170 A.3d 749 (2017)(followed)
  • State v. Moreno-Hernandez, 317 Conn. 292, 298-299, 118 A.3d 26 (2015)(followed)
  • State v. Simino, 200 Conn. 113, 119, 509 A.2d 1039 (1986)(followed)
  • State v. Taupier, 330 Conn. 149, 187, 193 A.3d 1 (2018), cert. denied, 139 S. Ct. 1188 (2019)(followed)
  • State v. Denya, 294 Conn. 516, 529, 986 A.2d 260 (2010)(cited)
  • State v. Warholic, 278 Conn. 354, 361, 365-366, 376-378, 897 A.2d 569 (2006)(followed)
  • State v. Williams, 204 Conn. 523, 540, 529 A.2d 653 (1987)(followed)
  • State v. Felix R., 319 Conn. 1, 9-10, 124 A.3d 871 (2015)(followed)
  • State v. Singh, 259 Conn. 693, 706-708, 793 A.2d 226 (2002)(distinguished)
  • State v. Taft, 306 Conn. 749, 764-765, 51 A.3d 988 (2012)(followed)

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