State v. Bischoff, 207 A.3d 28, 331 Conn. 926 (2019)

May 8, 2019 · Connecticut Supreme Court
207 A.3d 28, 331 Conn. 926

STATE of Connecticut
v.
Haji Jhmalah BISCHOFF

Supreme Court of Connecticut.

Decided May 8, 2019

James B. Streeto, senior assistant public defender, and Emily H. Wagner, assistant public defender, in support of the petition.

Jennifer F. Miller, assistant state's attorney, in opposition.

The defendant's petition for certification to appeal from the Appellate Court, 189 Conn. App. 119, 206 A.3d 253 (2019), is granted, limited to the following issues:

"1. Did the Appellate Court properly determine, in State v. Moore, 180 Conn. App. 116, 182 A.3d 696, cert. denied, 329 Conn. 905, 185 A.3d 595 (2018), that Public Acts 2015, No. 15-2, § 1 (P.A. 15-2), does not have retroactive effect?

"2. If the answer to the first certified question is 'no,' should this court overrule the retroactivity analysis contained in State v. Kalil, 314 Conn. 529, 552, 107 A.3d 343 (2014), and apply the amelioration doctrine to give retroactive effect to P.A. 15-2, § 1?"