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Criminal Jury Instructions

Criminal Jury Instructions Home

2.4-6  Failure to Produce Witness

Revised to December 1, 2007

Note:  This instruction has been deleted.

Commentary

In State v. Malave, 250 Conn. 722, 738 (1999), cert. denied, 528 U.S. 1170, 120 S. Ct. 1195, 145 L. Ed. 2d 1099 (2000), the Connecticut Supreme Court revisited the missing witness rule of Secondino v. New Haven Gas Company, 147 Conn. 672 (1960), which allowed a jury to draw an adverse inference from the failure of a party to call a particular witness, and concluded that "the time has come to abandon the missing witness rule."  Our Appellate Court "has decided that Malave applies retroactively."  State v. Saez, 60 Conn. App. 264, 265 n.1, cert. denied, 255 Conn. 905 (2000); see also State v. Mitchell, 59 Conn. App. 523, 526 (2000), cert. denied, 256 Conn. 901 (2001); State v. Quinones, 56 Conn. App. 529, 533 (2000).
 


 

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