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STATE OF CONNECTICUT v. FREDDY RIVERA

The defendant's petition for certification for appeal from the Appellate Court, 30 Conn. App. 523 (AC 10884), is granted, limited to the following issue:

"Did the Appellate Court, in approving the trial court's failure to instruct on the state's burden to disprove the defense of consent beyond a reasonable doubt in a sexual assault case where consent was the only issue, deprive the defendant of his constitutional right to establish a defense?"

Joseph M. Shortall, chief public defender, in support of the petition.

Leah Hawley, assistant state's attorney, in opposition.

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STATE v. RIVERA
(Apr 22, 1993)