Zubrowski v. Commissioner of Correction

Citations

• 209 Conn. App. 828

Syllabus

The petitioner, who had been convicted of murder in connection with the death of his wife, sought a writ of habeas corpus, claiming that he received ineffective assistance from his criminal trial counsel. At the criminal trial, the petitioner's trial counsel had acknowledged that the petitioner killed the victim and raised the defenses of extreme emotional disturbance and intoxication. The habeas court rendered judgment deny- ing the habeas petition, from which the petitioner, on the granting of certification, appealed to this court. Held: 1. The habeas court properly concluded that the petitioner's trial counsel did not render ineffective assistance by declining to consult with and present the testimony of a crime scene reconstruction expert, the peti- tioner having failed to demonstrate deficient performance: although the petitioner argued that a crime scene reconstruction expert could have reviewed conclusions made by S, a detective who testified about the crime scene, and could have determined whether the evidence at the crime scene supported the defense theories, the decision of the petition- er's trial counsel not to consult with a crime scene reconstruction expert was reasonable given that S's testimony did not undermine the petition- er's theory of the case and because, through their cross-examination of S and during closing arguments, they were able to highlight the potential concerns regarding the crime scene and argue that the haphazard nature of the petitioner's alleged efforts to clean up the crime scene supported the theories of defense regarding the petitioner's mental state. 2. The habeas court properly concluded that the petitioner's trial counsel did not render ineffective assistance by declining to consult with and present the testimony of a forensic toxicologist, the petitioner having failed to demonstrate deficient performance: although the petitioner argued that a forensic toxicologist could have testified about the effects of his prescription