Summary
In this dissenting opinion, Justice Mullins argues that sufficient evidence supported a jury finding that the victim’s permanent, one-and-one-half-inch forearm scar constituted a serious disfigurement under General Statutes § 53a-3 (4). The dissent maintains that whether an injury substantially detracts from a person’s appearance is primarily a jury question and would affirm the Appellate Court’s judgment upholding the defendant’s conviction. The dissent does not reach whether State v. LaFleur should be overruled.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient for a reasonable juror to find that Bran's permanent forearm scar constituted a serious disfigurement under General Statutes § 53a-3 (4).
- Whether the court should reach the issue of overruling State v. LaFleur, 307 Conn. 115, 51 A.3d 1048 (2012).
Key quotations
“The source of my disagreement stems from the fact that the question of whether this injury constituted a serious disfigurement is a quintessential jury question.”
“Thus, I would conclude that the evidence presented in this case was sufficient for a reasonable juror to determine that Bran’s injury ‘‘is an impairment of or injury to the beauty, symmetry or appearance of a person of a magnitude that substantially detracts from the person’s appearance from the perspective of an objective observer.’’”
Factual background
The defendant inflicted a larger cut on Rosa Bran's forearm that required ten stitches to close. The injury left a permanent scar approximately one and one-half inches long in a visible location. The dissent considered the injury's permanence, size, and visibility in assessing whether a reasonable juror could find that it substantially detracted from Bran's appearance.
Procedural history
The defendant, Divenson Petion, was convicted after injuring Rosa Bran. The Appellate Court entered a judgment that the dissent would affirm, and the matter was before the Supreme Court of Connecticut. The dissent disagreed with the majority's conclusion that no reasonable juror could find serious disfigurement.