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STATE OF CONNECTICUT v. DAVID B. TERWILLIGER (SC 18116)
Rogers, C. J., and Norcott, Katz, Palmer, Vertefeuille and Zarella, Js. Argued September 10--officially released December 29, 2009

James M. Ralls, senior assistant state's attorney, with whom, on the brief, were Patricia M. Froehlich, state's attorney, Mark Stabile, supervisory assistant state's attorney, and Matthew A. Crockett, senior assistant state's attorney, for the appellant (state).

Glenn W. Falk, special public defender, for the appellee (defendant).

Opinion

ROGERS, C. J. The primary issue in this case is whether a trial court's failure to explicitly instruct the jury that the state bears the burden of disproving the defendant's defense of premises theory beyond a reasonable doubt violates a criminal defendant's due process right to a fair trial. The defendant, David B. Terwilliger, was convicted after a jury trial of manslaughter in the first degree with a firearm in violation of General Statutes

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Connecticut Law