State v. Ortiz
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Convicted of murder in connection with a shooting death during a drug transaction, Ortiz challenged the prosecutor’s response, in rebuttal, to defense statements (made contrary to a pre-trial agreement) that, if the jury felt that he made a tactical mistake by not cross-examining the witness, it should not hold that against Ortiz; the prosecutor stated that there was no question about who the witness was with and what she saw, and that defense counsel ‘‘didn’t even [cross-examine] her.’’
The Connecticut Supreme Court affirmed. Any impropriety did not deprive Ortiz of a fair trial, as the prosecutor’s argument was brief, defense counsel did not object or ask for curative measures, and the defense invited the statement to some extent. Although the alleged impropriety related to witness credibility, an important issue, there was no reasonable probability that the verdict would have been different without the alleged impropriety. The trial court did not abuse its discretion in precluding defense counsel from impeaching other witnesses with evidence of certain prior felony convictions and in requiring two prior convictions to be referred to only as unnamed felonies punishable by more than one year of imprisonment. The trial court properly declined Ortiz’s request to include the word ‘‘conclusively’’ in its jury instruction on the use of evidence of the defendant’s uncharged misconduct.
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