State v. Person (1990)

In State v. Person, 215 Conn. 653, 577 A.2d 1036 (1990), cert. denied, 498 U.S. 1048 (1991), the state's attorney asked questions of a defense witness, Mercier, about his use of marijuana. Justifying this line of questioning, the state's attorney stated: "It's highly relevant. I claim that as highly relevant. He has testified as far as perceptions of what he observed, what he heard, what he saw, his observations. And, my point here is that he was not in complete control of his faculties . . . ." Id., 661 n.4. The Supreme Court noted that the state "sought to raise doubt as to Mercier's ability to observe and perceive events, an entirely permissible subject . . . ." Id., 661. In addition, the Supreme Court noted in Person that "the prosecutor may not express his own opinion, either directly or indirectly, as to the credibility of witnesses." Id., 666 n.8.