State v. Jerzy G.

Defendant, a citizen of Poland, was charged with sexual assault in the fourth degree. The superior court granted Defendant’s application for accelerated rehabilitation. Defendant was subsequently ordered removed from the United States and deported to Poland. Ultimately, the court found that Defendant had failed successfully to complete the accelerated rehabilitation program, terminated Defendant’s participation in the program, and ordered his rearrest on the pending criminal charge. Defendant appealed. The Appellate Court did not reach the merits of Defendant’s claims, concluding that the appeal should be dismissed as moot under State v. Aquino, 901 A.2d 1194 (Conn. 2006). Specifically, the court found that Defendant’s appeal was rendered moot by his deportation because the reason for his deportation was unrelated to the accelerated rehabilitation program or the pending criminal charge. The Supreme Court reversed, holding (1) Aquino, properly construed, did not control the present case because the record established the reason for Defendant’s deportation; and (2) there was a reasonable possibility that the trial court’s orders would result in prejudicial collateral consequences. View "State v. Jerzy G." on Justia Law