Supreme Court of Connecticut

State of Connecticut v. James Shaw, Jr.

August 18, 1981185 Conn. 372

Summary

The court affirmed the defendant’s conviction for first degree assault, holding that the self-defense instruction properly required retreat from a shared dwelling when the alleged assailant was also a co-occupant and adequately conveyed the governing reasonable-belief standard. It also upheld admission of the defendant’s prior manslaughter conviction for impeachment and rejected challenges based on the State’s loss of a witness’s earlier recorded statement because the loss was unintentional, prejudice was slight, and the defendant had an opportunity for cross-examination. Bogdanski, C. J., dissenting, would have ordered a new trial because the majority’s codweller exception improperly expanded the statutory retreat rule and violated due process.