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Laws-info.com » Cases » Connecticut » Supreme Court » 2001 » State v. Rigual
State v. Rigual
State: Connecticut
Court: Supreme Court
Docket No: SC16026 Dissent
Case Date: 05/08/2001
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. ****************************************************** MCDONALD, C. J., dissenting. Under our supervisory authority, the majority eliminates the need to establish a prima facie case of purposeful juror discrimination before requiring a race neutral explanation of a peremptory challenge. See footnote 10 of the majority opinion. By requiring a party to give an explanation for a peremptory challenge whenever requested by another party, the majority eliminates peremptory challenges, which are provided for in Connecticut's statutes and guaranteed by the Connecticut constitution,1 and, ultimately, undermines the guarantee of an impartial jury under the federal constitution. See Holland v. Illinois, 493 U.S. 474, 110 S. Ct. 803, 107 L. Ed. 2d 905 (1990). Moreover, it does so under our supervisory authority, which we have held ``is not a form of free-floating justice, untethered to legal principle. . . . Thus, [e]ven a sensible and efficient use of the supervisory power . . . is invalid if it conflicts with constitutional or statutory provisions. . . . Bank of Nova Scotia v. United States, 487 U.S. 250, 254, 108 S. Ct. 2369, 101 L. Ed. 2d 228 (1988).'' (Citation omitted; internal quotation marks omitted.) State v. Pouncey, 241 Conn. 802, 813, 699 A.2d 901 (1997).

In State v. Holloway, 209 Conn. 636, 645
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