Order on Motion - State v. Miller
CourtSupreme Court of Connecticut
Date FiledNovember 10, 2026
DocketSC21286
StatusPublished
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Full Opinion
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936 ORDERS 355 Conn.
STATE OF CONNECTICUT v. DEVONI MILLER
(SC 21286)
The state’s motion to dismiss the defendant’s appeal,
filed June 29, 2026, having been presented to the court,
it is hereby ordered that the motion is granted and the
appeal is dismissed.
October 29, 2026
PER CURIAM. The defendant, Devoni Miller, has
been charged by the state with various offenses, includ-
ing murder in violation of General Statutes § 53a-54a,
arising from events that occurred in Cromwell on or
about September 11, 2023. Article first, § 8, of the Con-
necticut constitution, as amended by article seventeen
of the amendments, and General Statutes § 54-46a pro-
vide that no person may be required to stand trial for a
crime punishable by death or life imprisonment unless
a probable cause hearing is held and a court determines
that probable cause exists to believe that the defendant
committed the offense charged. In accordance with these
provisions, the trial court conducted a probable cause
hearing over four separate days between November 10,
2025, and March 2, 2026. On May 29, 2026, the trial
court issued a memorandum of decision, finding prob-
able cause to believe that the defendant had committed
the charged murder. The defendant appeals from that
determination.1
It is well established that the absence of a final judg-
ment implicates the subject matter jurisdiction of this
court to hear an appeal. See, e.g., State v. Bemer, 339
Conn. 528, 537, 262 A.3d 1 (2021); Wolfork v. Yale Medi-
cal Group, 335 Conn. 448, 459, 239 A.3d 272 (2020); see
also General Statutes §§ 51-197a and 52-263. Accord-
ingly, a threshold requirement for consideration of the
merits of any appeal is a determination that the appeal
1
The defendant appealed to the Appellate Court, and we transferred the
appeal to this court pursuant to General Statutes § 51-199 (c) and Practice
Book § 65-1.
355 Conn. ORDERS 937
has been taken from a final judgment. E.g., Halladay v.
Commissioner of Correction, 340 Conn. 52, 57, 262 A.3d
823 (2021). If this court determines that an appeal has
not been taken from a final judgment, it has a duty to
dismiss the appeal. E.g., Solomon v. Keiser, 212 Conn.
741, 746, 562 A.2d 524 (1989).
The state has moved to dismiss the defendant’s appeal
for lack of subject matter jurisdiction, arguing that
the trial court’s probable cause determination is not a
final judgment subject to immediate appellate review.
In support of its motion, the state relies primarily on
this court’s decision in State v. Atkins, 203 Conn. 33,
522 A.2d 1234 (1987), which held that a trial court’s
finding of probable cause is not a final judgment. See id.,
33–34. The defendant opposes the motion, maintaining
that the trial court’s probable cause determination is
immediately appealable and that Atkins does not resolve
the appealability issues presented by the state’s motion.
We agree with the state.
In State v. Mitchell, 200 Conn. 323, 512 A.2d 140
(1986), this court held that a defendant may obtain appel-
late review, following conviction and sentencing, of a trial
court’s finding of probable cause made at a preliminary
hearing required by article first, § 8, of the Connecticut
constitution, as amended. See id., 333–34. The court
in Mitchell, however, expressly left open the question
of whether a trial court’s probable cause determination
made at or following such a hearing was immediately
appealable. Id., 335 n.13 (“Although the defendant raised
at oral argument the question of interlocutory review of
the determination of probable cause, this issue was not
raised either before the trial court or in the defendant’s
brief. Therefore, we decline to consider it here.”).
In Atkins, this court resolved the question left open in
Mitchell, holding that a trial court’s probable cause deter-
mination “was not a final judgment” subject to immediate
appellate review. State v. Atkins, supra, 203 Conn. 33.
In reaching that conclusion, the court examined whether
the trial court’s probable cause determination fit within
938 ORDERS 355 Conn.
either of the two prongs of the test established in State
v. Curcio, 191 Conn. 27, 31, 463 A.2d 566 (1983), for
determining whether an interlocutory order or decision
is a final judgment for purposes of appeal and concluded
that the probable cause determination satisfied neither
prong. State v. Atkins, supra, 33–34. The second prong
of the Curcio test asks whether “the order or action so
concludes the rights of the parties that further pro-
ceedings cannot affect them.” State v. Curcio, supra,
31. As a part of that inquiry, we look to see whether
the defendant has asserted a cognizable legal right that
“would be lost if appellate review were delayed.” Id., 34.
By concluding that the probable cause determination
satisfied neither prong, this court in Atkins necessarily
determined that postponing appellate review would not
result in the loss of a cognizable legal right. See State v.
Atkins, supra, 33–34. The court underscored that con-
clusion by expressly emphasizing that “the merits of a
finding of probable cause are reviewable after conviction
and sentencing . . . .” Id., 34.
The defendant nevertheless contends that Atkins is not
controlling because it is a “three paragraph per curiam
decision,” apparently suggesting that its brevity dimin-
ishes its precedential force. She further attempts to
undermine Atkins by arguing that the court in Atkins did
not have the opportunity to “grapple” with this court’s
subsequent decision in State v. McPhail, 213 Conn.
161, 170, 567 A.2d 812 (1989), which, according to the
defendant, confirmed that evidentiary insufficiency at
a probable cause hearing “will deprive the trial court of
jurisdiction . . . .” (Internal quotation marks omitted.)
Last, she maintains that a challenge to a trial court’s
probable cause determination satisfies the second prong
of Curcio because article first, § 8, of the Connecticut
constitution, as amended, guarantees a right not to be
forced to stand trial without a valid probable cause deter-
mination and postconviction review cannot adequately
vindicate that right. We are not persuaded by the defen-
dant’s arguments.
355 Conn. ORDERS 939
First, the precedential value of this court’s decisions
does not depend on their length. Instead, we review the
substance of our prior holdings and generally apply that
precedent to subsequent cases involving similar facts
and legal issues. See, e.g., Conway v. Wilton, 238 Conn.
653, 658, 680 A.2d 242 (1996) (explaining significance
of stare decisis in our system of jurisprudence).
Second, although the defendant attempts to diminish
Atkins by arguing that this court, in deciding that case,
“did not have occasion to grapple with McPhail’s sub-
sequent confirmation that evidentiary insufficiency at
a probable cause hearing ‘will deprive the trial court of
jurisdiction,’ ” her argument overlooks the fact that we
had already articulated that very principle in Mitchell
on which Atkins relies.2 See State v. Atkins, supra, 203
Conn. 33–34; State v. Mitchell, supra, 200 Conn. 331–
32. Moreover, in State v. Boyd, 214 Conn. 132, 570 A.2d
1125 (1990), this court reversed a defendant’s murder
conviction because the admissible evidence presented at
the probable cause hearing was insufficient to establish
probable cause; id., 141–42; expressly considering both
Mitchell and McPhail in doing so. Id., 135–36, 141.
Thus, the defendant’s attempt to diminish the prec-
edential force of Atkins and its progeny is unavailing.
Finally, the defendant maintains that a challenge to a
trial court’s probable cause determination satisfies the
second prong of Curcio because postconviction review
of that determination cannot adequately vindicate her
rights under article first, § 8, of the Connecticut con-
stitution, as amended. As we have explained, however,
Atkins rejected that conclusion. See State v. Atkins,
2
After Mitchell, but before McPhail was decided, this court clarified that
Mitchell’s reference to a probable cause determination as “a prerequisite
to subsequent jurisdiction to hear the trial” concerned not subject matter
jurisdiction, but only jurisdiction over the defendant’s person. (Internal
quotation marks omitted.) State v. John, 210 Conn. 652, 665 n.8, 557 A.2d
93, cert. denied, 493 U.S. 824, 110 S. Ct. 84, 107 L. Ed. 2d 50 (1989), and
cert. denied sub nom. Seebeck v. Connecticut, 493 U.S. 824, 110 S. Ct. 84,
107 L. Ed. 2d 50 (1989).
940 ORDERS 355 Conn.
supra, 203 Conn. 33–34; see also State v. Fielding, 296
Conn. 26, 36, 994 A.2d 96 (2010) (noting that finding
of probable cause is not final judgment); State v. Ayala,
222 Conn. 331, 339, 610 A.2d 1162 (1992) (same). And
an examination of article first, § 8, of the Connecticut
constitution, as amended, does not compel anything
different. The pertinent provision provides: “No person
shall be held to answer for any crime, punishable by death
or life imprisonment, unless upon probable cause shown
at a hearing in accordance with procedures prescribed by
law, except in the armed forces, or in the militia when
in actual service in time of war or public danger.” Conn.
Const., amend. XVII. Although this provision confers a
right not to be tried for a qualifying crime in the absence
of a probable cause hearing and determination, it does
not follow that a defective probable cause hearing gives
rise to a right not to stand trial. See State v. Boyd, 221
Conn. 685, 697, 607 A.2d 376 (remedy for defective
probable cause hearing based on insufficiency of evidence
is not acquittal but new probable cause hearing and new
trial), cert. denied, 506 U.S. 923, 113 S. Ct. 344, 121 L.
Ed. 2d 259 (1992); cf. Midland Asphalt Corp. v. United
States, 489 U.S. 794, 801, 109 S. Ct. 1494, 103 L. Ed. 2d
879 (1989) (explaining that there is crucial distinction
between right not to be tried and right whose remedy
requires dismissal of charge).
In sum, a trial court’s probable cause determination
is not a final judgment subject to immediate appeal but
may be challenged on appeal following a defendant’s
conviction and sentencing. Because the defendant’s
appeal challenging the trial court’s probable cause deter-
mination is premature, this court lacks subject matter
jurisdiction to entertain it.