No. 19-1118

Jeffrey Todd Palumbo v. Connecticut

Lower Court: Connecticut
Docketed: 2020-03-12
Status: Denied
Type: Paid
Response Waived
Tags: criminal-procedure criminal-testimony doyle-v-ohio due-process exculpatory-evidence first-time-account impeachment miranda-rights Miranda-warnings prosecutorial-misconduct self-incrimination trial-procedure uncharged-misconduct
Latest Conference: 2020-04-17
Question Presented (from Petition)

When a criminal defendant has been advised prior to trial of his rights under Miranda v. Arizona, 384 U.S. 346 (1966), and then testifies at trial to an exculpatory version of events involving an act of uncharged misconduct, does a prosecutor violate Doyle v. Ohio, 426 U.S. 610 (1976) by eliciting the fact that the exculpatory story is being told for the "first time" at trial, by asking, "That's the first time that we're hearing this. Isn't that correct?"; "And this is the first time that we're hearing that information?"

Question Presented (AI Summary)

Whether a prosecutor violates Doyle v. Ohio by eliciting the fact that an exculpatory story is being told for the 'first time' at trial

Docket Entries

2020-04-20
Petition DENIED.
2020-03-25
DISTRIBUTED for Conference of 4/17/2020.
2020-03-17
Waiver of right of respondent State of Connecticut to respond filed.
2020-03-12
Petition for a writ of certiorari filed. (Response due April 13, 2020)

Attorneys

Jeffrey Todd Palumbo
Richard EmanuelLaw Offices of Richard Emanuel, Petitioner
State of Connecticut
Nancy L. ChupakOffice of the Chief State's Attorney, Respondent