Bryant v. Commissioner of Correction

964 A.2d 1186, 290 Conn. 502, 2009 Conn. LEXIS 25
CourtSupreme Court of Connecticut
DecidedMarch 10, 2009
DocketSC 17896
StatusPublished
Cited by53 cases

This text of 964 A.2d 1186 (Bryant v. Commissioner of Correction) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryant v. Commissioner of Correction, 964 A.2d 1186, 290 Conn. 502, 2009 Conn. LEXIS 25 (Colo. 2009).

Opinions

Opinion

SCHALLER, J.

The sole issue in this certified appeal is whether trial counsel for the petitioner, Bemale Bryant, rendered ineffective assistance by failing to present four independent witnesses whose testimony, the petitioner claims, would have supported a third party culpability defense and substantially impeached the evidence presented against the petitioner. The petitioner appeals from the judgment of the Appellate Court reversing the judgment of the habeas court, which had granted his petition for a writ of habeas corpus. On appeal, the petitioner claims that the Appellate Court improperly concluded that the performance of his trial counsel was [504]*504not deficient. The petitioner contends that the defense counsel’s failure to present the witnesses constituted ineffective assistance of counsel, and that the habeas court properly rejected the argument of the respondent, the commissioner of correction, that it was a matter of trial strategy. We agree with the petitioner and reverse the judgment of the Appellate Court.

The Appellate Court’s decision on direct appeal in State v. Bryant, 71 Conn. App. 488, 802 A.2d 224 (2002), sets forth the facts, as found by the jury, that led to the petitioner’s conviction. “The jury reasonably could have found that on April 14,1996, the [petitioner] repeatedly and seriously injured [the victim] Edward Jones, and those injuries caused Jones’ death. . . .

“After drinking beer and using narcotics together, in the early morning horns . . . Gary Fournier and [Jones], drove to Irving Street and Albany Avenue in Hartford to get more narcotics. The pair planned to obtain the narcotics and drive off without paying for them. Fournier stopped his car and was approached by Terry ‘T-Time’ Davis, a known drug seller. Shortly thereafter, the [petitioner] approached the car and handed Fournier some cocaine.

“As soon as Fournier had the cocaine in hand, he drove off without paying for the contraband. The [petitioner] continued to hang onto the car as Fournier drove off. The [petitioner] released his hold of the car just as it ran through a stop sign and was struck by another automobile. The [petitioner] then went to Fournier’s car, dragged Fournier from the car, pushed him to the ground and kicked him several times before running to the passenger’s side of the car. The [petitioner] dragged Jones through the passenger window, and hit and kicked him repeatedly while he lay on the street. The [petitioner] then ran from the scene.” Id., 490. Jones [505]*505subsequently was taken to the hospital, where he was pronounced dead.1 Id., 491.

The petitioner was charged with murder in violation of General Statutes § 53a-54a. After a jury trial, the petitioner was acquitted of the murder charge, but was found guilty of the lesser included offense of manslaughter in the first degree in violation of General Statutes § 53a-55 (a) (1). The petitioner appealed from the judgment of conviction to the Appellate Court, which affirmed his conviction.2 See id., 488. Upon the Appellate Court’s affirmance of his conviction, this court denied the petitioner’s petition for certification to appeal. State v. Bryant, 261 Conn. 939, 808 A.2d 1133 (2002).

Subsequently, the petitioner filed a petition for a writ of habeas corpus alleging that his confinement was illegal because he had been denied the effective assistance of counsel. The petitioner based his claim principally on his trial counsel’s failure to present four [506]*506independent witnesses at trial whose testimony would have supported an alternative theory of the cause of Jones’ death. That theory did not implicate the petitioner, but instead implicated a small group of unidentified Hispanic men with a gun traveling in a white automobile. Trial counsel did not present this third party culpability defense to the jury. More specifically, the petitioner alleged that counsel should have called the following witnesses to testify to support that theory: Thomas Davis, the driver of the automobile that was struck by Fournier’s vehicle; Melissa Young-Duncan, an emergency medical technician who responded to the scene and assisted Jones; John Gartley, a second emergency medical technician who responded to the scene and assisted Jones; and Rene Fleury, Fournier’s girlfriend, who spoke with Fournier shortly after the incident. The habeas court found that the petitioner had been denied effective assistance of counsel under Strickland v. Washington, 466 U.S. 668, 686, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), because “the missing testimony could easily have led a jury to harbor a reasonable doubt as to the guilt of the petitioner.” (Emphasis in original.) Accordingly, the habeas court set aside the petitioner’s conviction, and ordered a new trial.

The respondent filed a petition for certification to appeal, which the habeas court denied. Thereafter, the respondent appealed to the Appellate Court, claiming, inter alia, that the habeas court: (1) abused its discretion by denying the petition for certification to appeal; and (2) improperly concluded that the petitioner’s trial counsel was ineffective by failing to present a theory of defense that was not supported by forensic evidence or the petitioner’s testimony. The Appellate Court agreed and reversed the judgment of the habeas court. Bryant v. Commissioner of Correction, 99 Conn. App. 434, 441-44, 914 A.2d 585 (2007). We granted the petitioner’s petition for certification to appeal limited to [507]*507the following issue: “Did the Appellate Court properly reverse the habeas court’s decision to grant the petitioner’s writ of habeas corpus?” Bryant v. Commissioner of Correction, 282 Conn. 910, 922 A.2d 1098 (2007).

The following additional relevant facts found by the habeas court are necessary for our resolution of the petitioner’s claim that he was rendered ineffective assistance of counsel. The habeas court heard testimony from the four witnesses whom the petitioner claims should have testified at trial: Davis, Young-Duncan, Gar-tley and Fleury. After hearing their testimony, the habeas court found that “[h]ad [these witnesses] testified at the petitioner’s trial, it is reasonably probable that the jury could have found the following scenario to be true”: Davis, a Marine Corps veteran and gunnery specialist, employed in the Hartford area as a security guard, was driving in a company vehicle the evening of April 14, 1996. As he approached the intersection of Albany Avenue and Irving Street, Davis heard gunshots and identified them as originating from a small caliber weapon, probably a .22 caliber pistol. Immediately thereafter, Davis observed a blue Ford Escort (Ford),3 traveling in the wrong direction, exit from Irving Street, a one-way street, onto Albany Avenue. The driver of the Ford appeared to be slumped over the wheel. A white Cadillac or Lincoln, also traveling in the wrong direction on Irving Street, pursued the Ford. Davis’ vehicle collided with the Ford. Immediately after the accident, he observed the white vehicle stop and a light skinned Hispanic man exit the rear passenger seat of the vehicle.4

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Cite This Page — Counsel Stack

Bluebook (online)
964 A.2d 1186, 290 Conn. 502, 2009 Conn. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-commissioner-of-correction-conn-2009.