Coltherst v. Commissioner of Correction

Citations

• 208 Conn. App. 470

Syllabus

The petitioner, who had been convicted of multiple crimes, including murder, sought a writ of habeas corpus, claiming that he received ineffective assistance of counsel in the two criminal matters underlying his petition and that his conviction of kidnapping in the first degree with a firearm violated his right to due process. The first incident occurred in Hartford, and the second incident occurred four days later, and was tried in New Britain. Specifically, he claimed that the jury in the New Britain case was not instructed to determine whether the victim was restrained to an extent exceeding that which was necessary to complete the other crimes, as required by State v. Salamon (287 Conn. 509). Thereafter, the habeas court rendered judgment denying the habeas petition, and the petitioner, on the granting of certification, appealed to this court. Held: 1. The petitioner could not prevail on his claims that counsel in his underlying criminal matters rendered ineffective assistance. a. The habeas court correctly determined that the petitioner's trial coun- sel, O, in the Hartford case did not provide ineffective assistance by failing to advise him adequately regarding his decision to testify: the petitioner failed to meet his burden of demonstrating that O's conduct fell below an objective standard of reasonableness and failed to overcome the presumption that his counsel acted competently; the court's finding that O met with the petitioner to discuss his case eighteen times was supported by the petitioner's own testimony, and, although O could not recall how he advised the petitioner regarding whether he should testify, O testified regarding what he would normally do with respect to advising a criminal defendant about whether to testify, and the court found O's testimony to be credible; moreover, O could not have foreseen that the petitioner would not testify truthfully, which resulted in the petitioner opening the door to the introduction of evidence concerning the