As the State of Connecticut considers whether to retry Richard Lapointe, and as many of his supporters try to persuade the state not to do so, I offer readers this short, yet significant, excerpt from the Connecticut Supreme Court’s 1996 decision rejecting his direct appeal from his conviction for murdering Bernice Martin, his wife’s eighty-eight year old grandmother:
In a previous post I discussed the State of Connecticut’s motion asking the Connecticut Supreme Court to reconsider its controversial decision in Lapointe v. Comm’r of Correction. I have just learned that, by order dated May 5, 2015, the Supreme Court denied that motion. The two justices who dissented from the original decision–Zarella and Espinosa–would have granted the motion for reconsideration. In short, the votes on the motion tracked the votes on the original decision.
Last Friday the State filed a motion asking the Connecticut Supreme Court to reconsider, en banc, its 4-2 decision in Lapointe v. Comm’r of Correction, which generated four opinions: the majority opinion (Palmer, J.), a concurring opinion (Rogers, C.J.) and two dissents (Espinosa, J. and Zarella, J.). The case has generated considerable controversy for several reasons, including the unjudicial tone of some of the opinions and footnotes and, perhaps more importantly, the majority’s resolution of the case based on an issue that was neither briefed nor argued.
The year 2015 anno Domini (or of the Common Era for new atheists out there) was chock full of big legal stories in Connecticut. I enjoyed covering them. According to my stats package, the following five stories are the ones readers found most interesting: