State v. Davis (1994)
In State v. Davis, 229 Conn. 285, 302, 641 A.2d 370 (1994), which determined the standard of proof required to establish a violation of probation, our Supreme Court noted that the defendant, in addition to presenting a statutory interpretation claim, alleged a violation of his due process rights under our state constitution.
The court noted that "because we determine, as a matter of statutory interpretation, that the trial court is required to utilize the fair preponderance standard, we need not decide the standard mandated by . . . article first, 8, of the state constitution." State v. Davis, supra, 291 n.6.