Public-domain · open source
OpenJurist

69 Conn. App. 250

State v. Richardson

Connecticut Appellate Court

Decided April 16, 2002

Connecticut Appellate Court · decided 2002-04-16

Relies on State v. James

Decided 2002-04-16

¶1Opinion

PER CURIAM.

¶2The defendant appeals from the judgment of the trial court denying his motion to dismiss the information against him based on principles of double jeopardy and collateral estoppel. As noted in the court’s comprehensive memorandum of decision, the question of whether a defendant may properly be retried for felony murder after a mistrial due to a deadlocked jury on the felony murder charge, but a conviction of a predicate offense, was answered in the affirmative by our Supreme Court in State v. James, 247 Conn. 662, 674, 725 A.2d 316 (1999). The defendant’s unbriefed claim, raised for the first time in oral argument, that Jamesshould not be applied retroactively is unavailing and facially frivolous.

¶3The judgment is affirmed.

/69/connapp/250 · .json · Public domain