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233 Conn. 913

State v. Fleming

Supreme Court of Connecticut

Decided May 24, 1995

Supreme Court of Connecticut · decided 1995-05-24

Cited by 5 later decisions — most recently April 2002

5 state decisions

Relies on State v. Whelan · Secondino v. New Haven Gas Co. · State v. Fleming

Good law ✅— No negative treatment on recordhow we know

Decided 1995-05-24

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¶1The defendant’s petition for certification for appeal from the Appellate Court, 36 Conn. App. 556 (AC 11816), is denied.

Berdon, J., dissenting.

¶2I would grant certification to appeal in order to review the following issues:

¶31. Whether the out-of-court statement of the witness admitted into evidence for substantive purposes under *914State v. Whelan, 200 Conn. 743 (1986), met the test for reliability.

Decided May 24, 1995Shannon O. Louden, Barbara Jacobs and Linda L. Morkan, in support of the petition.John A. East III, deputy assistant state’s attorney, in opposition.

¶42. Whether the Appellate Court correctly concluded that the trial court properly admitted into evidence a .22 caliber revolver as having probative value that outweighed any prejudicial effect.

¶53. Whether we should repudiate the “missing witness rule,” first set forth in Secondino v. New Haven Gas Co., 147 Conn. 672 (1960).

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