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219 Conn. 907

State v. Brosnan

Supreme Court of Connecticut

Decided May 30, 1991

Supreme Court of Connecticut · decided 1991-05-30

Relies on 24 Conn. App. 473 - State v. Brosnan

Good law ✅— No negative treatment on recordhow we know

Decided 1991-05-30

How this case has been cited

Cited by 24 later decisions — most recently June 2013

24 state decisions

140199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The state of Connecticut’s petition for certification for appeal from the Appellate Court, 24 Conn. App. 473, is granted, limited to the following issues:

¶2“1. Did the Appellate Court correctly hold that a person has a common law privilege to use force to resist an illegal entry into a place that is not his home if he has a reasonable expectation of privacy under the fourth amendment in that place?

¶3“2. If the fourth amendment controls who has the common law privilege, was the Appellate Court correct in finding that the defendant was an overnight *908houseguest, thereby failing to defer to the trial court finding of fact to the contrary?

Marjorie Allen Dauster, in support of the petition.Jacques J. Parenteau, in opposition.Decided May 30, 1991

¶4“3. If the defendant was entitled to a jury instruction on a privilege to resist an illegal entry, did the Appellate Court correctly hold, when the record was inadequate, that the arrest of the defendant was unlawful instead of remanding the matter for further evidentiary proceedings?

¶5“4. Was the Appellate Court correct in using plain error to remand for further proceedings with respect to the destruction of a videotape when the exculpatory value of the lost videotape and actual prejudice to the defendant was wholly speculative?”

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