Roberto A. v. Commissioner of Correction

Citations

• 229 Conn. App. 104

Syllabus

The respondent, the Commissioner of Correction, appealed, on the granting of certification, from the habeas court's grant of the petitioner's petition for a writ of habeas corpus. The respondent claimed, inter alia, that the court improperly concluded that the petitioner's right to the effective assistance of counsel was violated by the failure of his counsel, M, to investigate adequately and to present an alibi witness, G, at the petitioner's criminal trial. Held: The issue raised in the habeas petition of whether M rendered ineffective assistance by failing to secure G's testimony at the criminal trial included within it the issue of whether M's investigation into G as a potential witness was reasonable. The habeas court did not err in finding M's performance deficient, as it determined that, pursuant to the factors set forth in Skakel v. Commissioner of Correction (329 Conn. 1), M's failure to investigate and present the testi- mony of G was not reasonable and that G was a credible witness. The habeas court correctly concluded that M's deficient performance preju- diced the petitioner, as the state's case was not particularly strong, the theory of the defense rested on the petitioner's alibi, and G would have offered noncumulative alibi testimony that the court determined was credi- ble. Argued September 11—officially released November 12, 2024