Opinion

State v. Kulmac

  • 230 Conn. 43
  • 644 A.2d 887
  • 1994 Conn. LEXIS 205
Court
Supreme Court of Connecticut
Filed
Jul 5, 1994
Status
Published
Author
Berdon
On the bench
Berdon, Borden, Katz
Cited by
149 cases

concluding that court did not violate defendant’s right to confront witnesses by excluding evidence of prior sexual conduct when record did not support defendant’s claim that victims falsely accused him of assaults perpetrated by others in order to shield others from harm where victims disclosed other perpe- trators to police, and other perpetrators had been con- victed at time of defendant’s trial

How later courts described this case

  • concluding that court did not violate defendant’s right to confront witnesses by excluding evidence of prior sexual conduct when record did not support defendant’s claim that victims falsely accused him of assaults perpetrated by others in order to shield others from harm where victims disclosed other perpe- trators to police, and other perpetrators had been con- victed at time of defendant’s trial
  • requiring, to prevail on plain error claim, that defendant, in addition to satisfying Boles standard, show that purported error more probably than not misled jury into improper conviction
  • observing that in context of victim similarity, familial type relationship between defendant and victim's family gave him access to victim
  • examining evidence to determine that convictions for sexual assault in first and second degree arose from separate acts or transactions

Written by the judges who cited it.

Distinguished

  • Distinguished by State v. Rolon, 257 Conn. 156 (2001)

    Kulmac is distinguishable from the present case, however.
    Supreme Court of ConnecticutJul 31, 2001Read it

The opinion

Berdon, J.,

dissenting. I agree with Justice Katz’ well reasoned dissent concerning parts III and VIII of the majority opinion. Although the defendant raises other claims that trouble me, I need not reach them, because the improper admission of the uncharged misconduct evidence would require a new trial on all counts.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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