Goderre v. Warden, No. Cv 92 1375 S (May 25, 1995)

Connecticut Superior Court

Goderre v. Warden, No. Cv 92 1375 S (May 25, 1995)

1995 Conn. Super. Ct. 5813

Connecticut Superior Court·Decided May 25, 1995·No. No. CV 92 1375 S·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION (RE: MOTION TO WITHDRAW APPEARANCE) The petitioner has alleged that trial counsel misinformed him as to parole eligibility i.e., that he would serve 35% of his sentence before parole eligibility, and that post-sentencing he learned he had to serve 50% of his sentence to be parole eligible. That claim finds some corroboration in the transcript of May 24, 1991. (The petitioner was sentenced to a term of 32 years.)

If the petitioner relied on gross misadvice about an indirect consequence of his plea — which may include incorrect calculation of parole eligibility, his plea could be invalid. See Falby v.Commissioner of Correction, 32 Conn. App. 438, 446-447 (1993).

This Court does not conclude there is no non-frivolous argument which can be made in support of the petitioner's claim and denies the Motion for Permission to Withdraw Appearance of the Public Defender.

KLACZAK, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION (RE: MOTION TO WITHDRAW APPEARANCE) The petitioner has alleged that trial counsel misinformed him as to parole eligibility i.e., that he would serve 35% of his sentence before parole eligibility, and that post-sentencing he learned he had to serve 50% of his sentence to be parole eligible. That claim finds some corroboration in the transcript of May 24, 1991. (The petitioner was sentenced to a term of 32 years.)

If the petitioner relied on gross misadvice about an indirect consequence of his plea — which may include incorrect calculation of parole eligibility, his plea could be invalid. See Falby v.Commissioner of Correction, 32 Conn. App. 438, 446-447 (1993).

This Court does not conclude there is no non-frivolous argument which can be made in support of the petitioner's claim and denies the Motion for Permission to Withdraw Appearance of the Public Defender.

KLACZAK, J.

Goderre v. Warden, No. Cv 92 1375 S (May 25, 1995), 1995 Conn. Super. Ct. 5813 (Colo. Ct. App. 1995).

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1995 Conn. Super. Ct. 5813 (Goderre v. Warden, No. Cv 92 1375 S (May 25, 1995)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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