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STATE of Connecticut v. Wagner GOMES

Lisa J. Steele, assigned counsel, in support of the petition.

Timothy J. Sugrue, assistant state's attorney, in opposition.

The defendant's petition for certification to appeal from the Appellate Court, 193 Conn. App. 79, 218 A.3d 1063 (2019), is granted, limited to the following issues:

"1. Did the Appellate Court correctly conclude that the trial court's ‘investigative inadequacy’ jury instruction did not mislead the jury or otherwise prejudice the defendant?

"2. Should this court overrule or limit its decisions in State v. Williams, 169 Conn. 322, 363 A.2d 72 (1975), and State v. Collins, 299 Conn. 567, 10 A.3d 1005, cert. denied, 565 U.S. 908, 132 S. Ct. 314, 181 L. Ed. 2d 193 (2011), as they relate to the ‘investigative inadequacy’ jury instruction, and invoke its supervisory authority to prescribe an investigative inadequacy instruction as proposed by the defendant?"

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State v. Gomes
(Nov 27, 2019)