Ervin v. Commissioner of Correction

Citations

• 195 Conn. App. 663

Syllabus

The petitioner, who had been convicted of the crime of murder in connection with the death of his wife, sought a writ of habeas corpus. He claimed, inter alia, that his trial counsel, M, rendered ineffective assistance to him by failing to present the testimony of an independent defense forensic pathologist to rebut the testimony of the state's chief medical examiner, C, as to the cause of the victim's death, and by presenting an inadequate argument in support of his posttrial motion for a judgment of acquittal. C determined that the cause of the victim's death was traumatic asphyxia due to neck compression, and C testified at trial that the cause of death was consistent with a certain type of wrestling hold previously used by the petitioner. M hired as a defense consultant a forensic pathologist, T, who previously had concluded that the victim's injuries were consis- tent with a choke hold neck compression, although T could not rule out choking on food as a cause of death. In subsequent discussions, C and T each explained to M that the presence of food in the victim's mouth was probably the result of agonal regurgitation, i.e., vomit expelled as the body ceases to function. T also informed M that he believed that his testimony would be unhelpful for the defense and suggested that the petitioner consider a plea disposition. The habeas court rendered judgment denying the petition, from which the petitioner, on the granting of certification, appealed to this court. Held: 1. The petitioner's claim that M rendered ineffective assistance of counsel to him by failing to present expert testimony from an independent forensic pathologist to refute C's testimony as to the cause of the victim's death was unavailing; M sought out the opinion of a highly trained and experienced forensic pathologist, T, on which he was entitled to rely, and, although M made the strategic decision not to call T as a defense witness after T told M that he would not be helpful as a trial witness bec