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A Review on Golding: Looking Back on 30 Years of Golding Review in the Criminal Context

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A Review on Golding: Looking Back on 30 Years of Golding Review in the Criminal Context A Review on Golding: Looking Back on 30 Years of Golding Review in the Criminal Context March 30, 2020 6:00 p.m. – 8:00 p.m. CT Bar Association New Britain, CT CT Bar Institute, Inc. CT: 2.0 CLE Credits (General) NY: 2.0 CLE Credits (AOP) No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments. Page 1 of 105 Lawyers’ Principles of Professionalism As a lawyer I must strive to make our system of justice work fairly and Where consistent with my client's interests, I will communicate with efficiently. In order to carry out that responsibility, not only will I comply opposing counsel in an effort to avoid litigation and to resolve litigation with the letter and spirit of the disciplinary standards applicable to all that has actually commenced; lawyers, but I will also conduct myself in accordance with the following Principles of Professionalism when dealing with my client, opposing I will withdraw voluntarily claims or defense when it becomes apparent parties, their counsel, the courts and the general public. that they do not have merit or are superfluous; Civility and courtesy are the hallmarks of professionalism and should not I will not file frivolous motions; be equated with weakness; I will endeavor to be courteous and civil, both in oral and in written I will make every effort to agree with other counsel, as early as possible, on communications; a voluntary exchange of information and on a plan for discovery; I will not knowingly make statements of fact or of law that are untrue; I will attempt to resolve, by agreement, my objections to matters contained in my opponent's pleadings and discovery requests; I will agree to reasonable requests for extensions of time or for waiver of procedural formalities when the legitimate interests of my client will not be In civil matters, I will stipulate to facts as to which there is no genuine adversely affected; dispute; I will refrain from causing unreasonable delays; I will endeavor to be punctual in attending court hearings, conferences, meetings and depositions; I will endeavor to consult with opposing counsel before scheduling depositions and meetings and before rescheduling hearings, and I will I will at all times be candid with the court and its personnel; cooperate with opposing counsel when scheduling changes are requested; I will remember that, in addition to commitment to my client's cause, my When scheduled hearings or depositions have to be canceled, I will notify responsibilities as a lawyer include a devotion to the public good; opposing counsel, and if appropriate, the court (or other tribunal) as early as possible; I will endeavor to keep myself current in the areas in which I practice and when necessary, will associate with, or refer my client to, counsel Before dates for hearings or trials are set, or if that is not feasible, knowledgeable in another field of practice; immediately after such dates have been set, I will attempt to verify the availability of key participants and witnesses so that I can promptly notify I will be mindful of the fact that, as a member of a self-regulating the court (or other tribunal) and opposing counsel of any likely problem in profession, it is incumbent on me to report violations by fellow lawyers as that regard; required by the Rules of Professional Conduct; I will refrain from utilizing litigation or any other course of conduct to I will be mindful of the need to protect the image of the legal profession in harass the opposing party; the eyes of the public and will be so guided when considering methods and content of advertising; I will refrain from engaging in excessive and abusive discovery, and I will comply with all reasonable discovery requests; I will be mindful that the law is a learned profession and that among its desirable goals are devotion to public service, improvement of In depositions and other proceedings, and in negotiations, I will conduct administration of justice, and the contribution of uncompensated time and myself with dignity, avoid making groundless objections and refrain from civic influence on behalf of those persons who cannot afford adequate legal engaging I acts of rudeness or disrespect; assistance; I will not serve motions and pleadings on the other party or counsel at such I will endeavor to ensure that all persons, regardless of race, age, gender, time or in such manner as will unfairly limit the other party’s opportunity disability, national origin, religion, sexual orientation, color, or creed to respond; receive fair and equal treatment under the law, and will always conduct myself in such a way as to promote equality and justice for all. In business transactions I will not quarrel over matters of form or style, but will concentrate on matters of substance and content; It is understood that nothing in these Principles shall be deemed to supersede, supplement or in any way amend the Rules of Professional Conduct, alter existing standards of conduct against which lawyer conduct I will be a vigorous and zealous advocate on behalf of my client, while might be judged or become a basis for the imposition of civil liability of recognizing, as an officer of the court, that excessive zeal may be any kind. detrimental to my client’s interests as well as to the proper functioning of our system of justice; --Adopted by the Connecticut Bar Association House of Delegates on June 6, 1994 While I must consider my client’s decision concerning the objectives of the representation, I nevertheless will counsel my client that a willingness to initiate or engage in settlement discussions is consistent with zealous and effective representation; Page 2 of 105 Table of Contents Program Description and Agenda ........................................................................................................................................... 4 Faculty Biographies ................................................................................................................................................................. 6 State of Connecticut v. Monica Golding ................................................................................................................................. 8 In re Yasiel R. Et Al ................................................................................................................................................................ 17 State of Connecticut v. Zachary Jay Elson ............................................................................................................................. 64 Page 3 of 105 Connecticut Bar Association Young Lawyers Section – Criminal Law Committee A Review on Golding: Looking Back on 30 Years of Golding Review in the Criminal Context Date: March 30, 2020 Time: 6:00PM – 8:00PM Location: CBA Office – 30 Bank Street, New Britain, CT 06051 Description: Our panel convenes just prior to the 30th anniversary of the release of arguably one of the most seminal cases in Connecticut appellate jurisprudence, State v. Golding, 213 Conn. 233 (1989). Criminal defendants frequently rely on this method of reviewing previously unpreserved constitutional claims on appeal. Our panelists will discuss the evolution of Golding review over the past thirty years, including the recent modification of the rule in In re Yasiel R. in 2015. We will discuss views of the effectiveness of Golding review in raising unpreserved constitutional challenges in the criminal context, as well as its proper use and most effective ways to utilize Golding review. Topics include: Factual background on the criminal trial and appeal that resulted in Golding review Preservation of appealable issues at trial History & Evolution of Golding review, including the most-recent modification of the rule in In re Yasiel R. (2015) Tips & tricks for briefing and arguing for Golding review from a seasoned appellate practitioner Perspectives from the bench on effective ways to pursue Golding review of unpreserved, constitutional claims The future of Golding review Co-chairs & Moderators: Christopher DeMatteo, DeMatteo Legal Solutions, West Haven Megan L. Wade, Sexton & Company, LLC, Hartford Speakers: Honorable Raheem L. Mullins, Associate Justice - Connecticut Supreme Court, Hartford Attorney Joseph G. Bruckmann, Public Defender, Fairfield Judicial District Attorney Richard Emanuel, Appellate Practitioner, Law Offices of Richard Emanuel, Guilford, CT Page 4 of 105 Agenda 5:30 – 6:00 PM Check-in/registration 6:00 – 6:15 PM Introduction to the event and panelists 6:15 – 6:40 PM Remarks by Attorney Joseph Bruckmann Discussion of underlying criminal trial and appeal resulting in Golding decision Discussion of preservation of issues at trial 6:40 – 7:05 PM Remarks by Attorney Richard Emanuel Discussion of history/evolution of Golding Appellate practice tips for briefing and arguing for Golding review 7:05 – 7:30 PM Remarks by Justice Raheem Mullins Discussion from a former appellate prosecutor regarding Golding review Perspectives from the bench on Golding review and most effective ways to pursue review Practice pointers for the bench on briefing and arguing for Golding review 7:30 – 8:00 PM Question and Answer Session with the panelists We will open this up to questions and answers among attendees and the panelists Page 5 of 105 Faculty Biographies Associate Justice
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