Connecticut Supreme Court building in Hartford. Photo: Michael Marciano/ALM Court Divided: Did Prosecutors Show 7-Day Delay in Arrest Warrant Execution Was Reasonable Under 'Swebilius'?
"Swebilius had put the state on notice that they were required to establish, by the preponderance of evidence, that they exercised reasonable diligence in executing a warrant within the statute of limitations or explain why their failure to do so was reasonable under the circumstances. They failed to do so here," Freeman's attorney, James Mortimer of The Mortimer Law Firm in Fairfield, explained Wednesday.
September 01, 2022 at 05:10 PM
6 minute read
In a 4-3 majority, the Connecticut Supreme Court reversed the appellate court's judgment affirming a defendant's criminal conviction, concluding that state prosecutors failed to show sufficient evidence to explain the delay in issuing an arrest warrant and executing it past time limitations.
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