State v. Jones ( 2021 )

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STATE v. JONES—CONCURRENCE
PALMER, J., concurring. I fully agree with the major-
ity opinion. I write separately only to note my belief
that, for the reasons previously expressed in State v.
Diaz, 302 Conn. 93, 115, 25 A.3d 594 (2011) (Palmer,
J., concurring), a special credibility instruction should
be given whenever a government informer seeks a bene-
fit from the state in return for his or her testimony. See
id., 121–22 (Palmer, J., concurring) (‘‘Because inform-
ers seeking a benefit from the state have a strong motive
to falsely inculpate the accused . . . I agree with those
courts that require a special credibility instruction
whenever a government informer hopes or expects to
receive a benefit from the prosecution. As the Second
Circuit Court of Appeals has stated, ‘a defendant who
makes [a request for a special credibility instruction]
is entitled to a charge that identifies the circumstances
that may make one or another of the government’s
witnesses particularly vulnerable to the prosecution’s
power and influence . . . and that specifies the ways
(by catalog or example) that a person so situated might
be particularly advantaged by promoting the prosecu-
tion’s case.’ United States v. Prawl, 168 F.3d 622, 628
(2d Cir. 1999). In other words, the defendant is entitled
to a charge that ‘invite[s] focus on individual predica-
ments of the witnesses’ and contains ‘mention [of] the
incentives that follow from certain transactions with
the government.’ Id., 628–29 . . . .’’ (Citations omitted;
footnote omitted.)). The defendant in the present case,
Billy Ray Jones, however, has made no such claim, and,
consequently, the majority has no reason to address it.
Because, in my view, the majority correctly analyzes
and resolves the claim that the defendant has raised, I
join the majority opinion.