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State v. Cote

ELR Citation: 38 ELR 20109
Nos. No. SC 18014, (Conn., 04/22/2008)

The Supreme Court of Connecticut held that an individual convicted for storing and disposing of hazardous waste without a permit in violation of state law is entitled to a new trial due to improper jury instructions. The trial court improperly charged the jury as to the elements of "disposal" and "storage" by using the definitions of those terms provided in the Resource Conservation and Recovery Act rather than those provided under the state's hazardous waste statute. The court also rejected arguments that the instruction resulted in harmless error, as the state definitions proscribe a narrower scope of conduct.