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Jeffrey Todd Palumbo v. Connecticut

Paid petition · Appellate Court of Connecticut, No. 41509 · judgment October 8, 2019

Certiorari denied · April 20, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

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?” (i)

Counsel of record

For petitioner
Richard Emanuel
Law Offices of Richard Emanuel

For respondent
Nancy L. Chupak
Office of the Chief State's Attorney

Case

Conference history
Distributed for 1 conference

Proceedings

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