Imperial Casualty & Indemnity Co. v. State

In Imperial Casualty & Indemnity Co. v. State, 246 Conn. 313, 714 A.2d 1230 (1998), the Court reviewed a claim raised for the first time on appeal. In Imperial Casualty & Indemnity Co., our Supreme Court observed that courts of appeal "review a case on the theory upon which it was tried and decided by the trial court . . . ." Id. at 320. In exceptional circumstances, however, an appellate court may review a claim not raised at trial. "Such exceptional circumstances may occur where a new and unforeseen constitutional right has arisen between the time of trial and appeal or where the record supports a claim that a litigant has been deprived of a fundamental constitutional right and a fair trial." Id. at 321.