State v. LebrickAnnotate this Case
The Supreme Court reversed the judgment of the Appellate Court affirming Defendant's judgment of conviction and remanded the case for a new trial, holding that the admission of certain testimony during trial violated Defendant's constitutional right of confrontation.
Defendant was convicted of felony murder and related crimes. Defendant appealed, arguing that the testimony of two witnesses was improperly admitted under the Connecticut Code of Evidence and the confrontation clause of the Sixth Amendment. The Appellate Court affirmed. The Supreme Court reversed, holding (1) the former testimony of one of the witnesses was improperly admitted because the State failed to demonstrate that Defendant was unavailable within the meaning of the confrontation clause because the State failed to establish that it undertook a reasonable, diligent, and good faith effort to locate the witness prior to Defendant's trial; and (2) the admission of the testimony of the other witness was constitutional.