TaiLexi AI U.S. Case Law

State v. Marsala

State of Connecticut v. Michael J. Marsala

State v. Marsala, 610 A.2d 177 (Conn. 1992)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Connecticut · State Highest Courts
Decided
June 10, 1992
Citations
610 A.2d 177223 Conn. 9021992 Conn. LEXIS 236

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The defendant’s petition for certification for appeal from the Appellate Court, 27 Conn. App. 291 , is granted, limited to the following issues:

“1. Whether the Appellate Court correctly treated a motion for reargument as a motion for reconsideration, and in thereafter deciding a question of substance, which reversed a trial court conclusion, without the benefit of either briefs or oral argument?

“2. Whether the Appellate Court properly concluded that the search warrant affidavit should be evaluated under the principles of State v. Barton, 219 Conn. 529 , 594 A.2d 917 (1991)?

“3. If the principles of State v. Barton, supra, are applicable to this case, must the validity of the warrant first be reviewed by a trial court, rather than an appellate court?

“4. Did the Appellate Court have jurisdiction/authority to issue, sua sponte, an amended rescript ( 26 Conn. App. 423 ) approximately sixteen months after the issuance of its initial rescript?

“5. Did the state waive or forfeit its right to assert the warrant’s validity in light of the state’s prior concessions and prior failure to raise this claim as an alternate ground?”

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1992: 11993: 219922026peak 1993 · 2

Relies on it most ⓘ

  1. State v. Marsala620 A.2d 1293 (Conn. 1993)
  2. State v. Toth618 A.2d 536 (Conn. App. Ct. 1993)
  3. State v. Rose615 A.2d 1058 (Conn. App. Ct. 1992)

Most recent

  1. State v. Marsala620 A.2d 1293 (Conn. 1993)
  2. State v. Toth618 A.2d 536 (Conn. App. Ct. 1993)
  3. State v. Rose615 A.2d 1058 (Conn. App. Ct. 1992)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
State v. Barton, 594 A.2d 917 (Conn. 1991) 161
State v. Marsala, 26 Conn. App. 423 (1991) 5
State v. Marsala, 605 A.2d 866 (Conn. App. Ct. 1992) 4

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list