State v. Delgado (1998)

In State v. Delgado, 243 Conn. 523, 532-33, 707 A.2d 1 (1998) the victim's injuries included bruising over both eyes and on her cheek, neck and chest, a cut on the upper lip, bleeding behind the eyes, a fractured skull with associated bleeding within the brain and "a healing fracture of the victim's right upper leg that would have been caused by a 'tremendous amount of force'." State v. Delgado, supra, 243 Conn. 529. In State v. Delgado, the Court did not find substantial injustice where the trial court refused to sever the charge of manslaughter from the charge of risk of injury to a child. In that case, although the court determined that the injuries, including death, inflicted upon a sixteen month old victim with Down's syndrome were indeed shocking, it did not find that "joinder of the counts seriously prejudiced the defendant's defense of the manslaughter count." Id., 534.