Supreme Court of Connecticut

State v. Leniart — concurring in part and dissenting in part

September 10, 2019333 Conn. 88

Summary

The opinion agrees that the corpus delicti claim was reviewable, that the corpus delicti rule is substantive, and that the evidence was sufficient to sustain the convictions. It also agrees that excluding the videotaped pretest interview was erroneous, but concludes that the error was not harmless because the recording could have materially supported the defense theory that the central witness tailored his account to obtain favorable treatment. Justice Palmer, joined by Justice McDonald, likewise would order a new trial and additionally would admit the proposed expert testimony on jailhouse informants; Justice Kahn concurs in the judgment and emphasizes that any admitted interview excerpts should be redacted to avoid revealing the polygraph context.