State of Connecticut v. Joshua Komisarjevsky — Zarella, J., concurring in part and dissenting in part

Summary

The separate opinion would have addressed the defendant’s certification petition directly and determined that the trial court’s order unsealing the witness list was immediately appealable under the interlocutory-review doctrine, rather than treating the petition as a statutory petition for review. It reasoned that disclosure threatened a colorable due-process claim because extraordinary publicity could impair the defendant’s ability to obtain witness cooperation and prepare a defense. The opinion nevertheless concurred in the result because it agreed that the order unsealing the witness list should be reversed.