State of Connecticut v. Robert Courchesne — Zarella, J., concurring in part and dissenting in part

Summary

The separate opinion agrees that the trial court properly denied suppression of the defendant's confessions and related evidence, but rejects the majority's adoption and retroactive application of the born alive rule. It argues that the rule is obsolete, unsupported by Connecticut law, inconsistent with the murder statute's temporal nexus and intent requirements, and improperly creates a substantive crime through judicial action. It would apply lenity and leave any fetal-homicide legislation to the legislature.