Bonds v. Commissioner of Correction

Citations

• 223 Conn. App. 645

Syllabus

The petitioner, who had been convicted of felony murder, robbery in the first degree, and conspiracy to commit robbery in the second degree, sought a writ of habeas corpus, claiming that his trial counsel, S, had provided ineffective assistance during plea negotiations by, among other things, failing to adequately advise him to accept a plea deal and failing to adequately advise him regarding the strength of the state's case. The petitioner alleged that, but for his counsel's allegedly deficient performance, he would have pleaded guilty and received a more favor- able disposition. The habeas court rendered judgment denying the peti- tion, from which the petitioner, on the granting of certification, appealed to this court, claiming, inter alia, that the court incorrectly concluded that he had failed to prove that he was prejudiced by S's deficient performance because there was a reasonable probability that, but for S's failure to give specific and appropriate advice, he would have accepted the plea offer. Held that the habeas court's determination that the petitioner did not prove that he was prejudiced by S's allegedly ineffective assistance was not clearly erroneous: the habeas court found that the petitioner's testimony that he would have pleaded guilty instead of proceeding to trial was not credible and therefore concluded that the petitioner did not establish that he would have accepted a plea offer had S advised him any differently about the plea offer or the state's evidence, and the court's findings regarding whether the petitioner would have accepted the plea offer, which were made solely on the basis of the court's credibility determinations, were entitled to deference; moreover, the court did not single out the petitioner's testimony with respect to whether he would have accepted the state's plea offer but, rather, rejected his testimony as a whole, the court having heard the petitioner admit on cross-examination at the habeas trial that he had told the se