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State v. Pierre
State: Connecticut
Court: Supreme Court
Docket No: SC17227
Case Date: 12/31/1969
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

STATE OF CONNECTICUT v. GREGORY PIERRE (SC 17227)
Sullivan, C. J., and Borden, Katz, Vertefeuille and Zarella, Js. Argued September 7, 2005--officially released January 31, 2006

Jeremiah Donovan, with whom was William T. Koch, Jr., for the appellant (defendant). Peter A. McShane, senior assistant state's attorney, with whom, on the brief, were Kevin T. Kane, state's attorney, and Michael L. Regan, supervisory assistant state's attorney, for the appellee (state).
Opinion

BORDEN, J. The defendant, Gregory Pierre, appeals, following our grant of certification, from the judgment of the Appellate Court affirming the judgment of the trial court convicting the defendant of two counts of kidnapping in the first degree, and one count each of felony murder, robbery in the first degree and manslaughter in the first degree. The defendant raises two issues on appeal, the first of which contains several subparts. First, the defendant claims that the Appellate Court improperly concluded that the trial court's admission of a third party's prior inconsistent statement pursuant to State v. Whelan, 200 Conn. 743, 753, 513 A.2d 86, cert. denied, 479 U.S. 994, 107 S. Ct. 597, 93 L. Ed. 2d 598 (1986): (1) did not violate Whelan's requirement of personal knowledge; (2) satisfied the requirements of the dual inculpatory statement and adoptive admission exceptions to the rule against hearsay; and (3) did not abridge the defendant's state and federal constitutional rights to confrontation. State v. Pierre, 83 Conn. App. 28, 33
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