Levine v. Manson

490 A.2d 82, 195 Conn. 636, 1985 Conn. LEXIS 731
Supreme Court of Connecticut·Decided April 9, 1985·No. 11590·Published·Cited by 117 cases

Opinion

Arthur H. Healey, J.

The petitioner, Seymour Levine, was found guilty after a jury trial of one count of assault in the second degree in violation of General Statutes § 53a-60 (a) (2) and three counts of threatening in violation of General Statutes § 53a-62. Thereafter, he petitioned for a writ of habeas corpus claiming that he had not received the effective assistance of counsel guaranteed by the sixth and fourteenth amendments to the United States constitution and article first, § 8, of the Connecticut constitution.1 After a full evidentiary hearing,2 the court denied his petition. We find no error.

Some of the facts that the jury could reasonably have found from the conflicting versions of the events that resulted in the petitioner’s arrest were the following: The incident that produced the arrest of the petitioner took place on July 24, 1981, on Lyrical Lane in New-town where the petitioner and the victim, Alfred Duchaine, were neighbors.3 As Duchaine drove up to [638] his driveway, he saw Susan Levine, the petitioner’s daughter, walking an afghan dog owned by the Levines in front of his (Duchaine’s) house. The dog stopped and defecated in front of Duchaine’s house. Duchaine obtained a short-handled shovel, scooped up the excrement and deposited it on the petitioner’s lawn. At that time, the petitioner was watering his flowers and the lawn with a garden hose that had a detachable metal nozzle. The petitioner, who observed Duchaine do this, became involved in a heated argument with Duchaine in the course of which he struck Duchaine in the back of his head with the metal nozzle. This caused the victim to stagger and resulted in a lump on his head.

Two brothers, Robert Mandulak and Michael Mandulak, who were working on Robert’s neighboring property, came to the scene upon hearing Duchaine call Robert’s name. With Duchaine there and the two Mandulaks approaching him, the petitioner removed a pistol from his pants pocket and stuck it in Duchaine’s face. He also said to the approaching Mandulaks: “I have enough here for all of you.” Duchaine then walked back to his house with the Mandulaks and he called the police who, after an investigation, arrested the petitioner.

The petitioner’s claims of ineffective assistance of counsel directed against his privately retained trial defense counsel are multiple and do not singly, in clusters or cumulatively persuade us of the merits of his claim. These claims include inadequate pretrial investigation; “numerous failures to object to highly prejudicial testimony”; “failure to cross-examine properly,” the cross-examination being variously characterized as “disorganized,” “deficient,” “abortive” or “abbreviated”; failure to explore matters important to the defense; failure to call as a witness someone identified in the testimony as present during the commission of the crimes charged; examining the petitioner [639] so as to prejudice him in the eyes of the jury; failure to prepare properly by obtaining documentary evidence that was a public record; failure to take exception to the trial judge’s rulings; failure to request appropriate jury instructions at the trial; and indulging in contradictory and disjointed trial strategy.

It is helpful to set out here several postulates that are meaningful to the petitioner’s claim. The right to effective assistance of counsel is guaranteed by the sixth and fourteenth amendments to the United States constitution and article first, § 8, of the Connecticut constitution. This right is equally applicable whether defense counsel is court-appointed or, as in the present case, privately-retained. McMann v. Richardson, 397 U.S. 759, 771 n.14, 90 S. Ct. 1441, 25 L. Ed. 2d 763 (1970); State v. Mason, 186 Conn. 574, 577, 442 A.2d 1335 (1982); State v. Barber, 173 Conn. 153, 155, 376 A.2d 1108 (1977).

Our cases demonstrate that “[t]o succeed in his claim of ineffective assistance of counsel, the petitioner must show that his attorney’s performance was not ‘ “reasonably competent or within the range of competence displayed by lawyers with ordinary training and skill in the criminal law” ’; State v. Clark, 170 Conn. 273, 283, 365 A.2d 1167, cert. denied, 425 U.S. 962, 96 S. Ct. 1748, 48 L. Ed. 2d 208 (1976), quoting Gentry v. Warden, 167 Conn. 639, 646, 356 A.2d 902 (1975); and further, that this ‘ “lack of competency contributed to the conviction.” ’ State v. Clark, supra; see also State v. Gregory, 191 Conn. 142, 143-44, 463 A.2d 609 (1983); State v. Scielzo, 190 Conn. 191, 206, 460 A.2d 951 (1983); State v. Chairamonte, 189 Conn. 61, 63, 454 A.2d 272 (1983).” Williams v. Manson, 195 Conn. 561, 564, 489 A.2d 377 (1985).

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Levine v. Manson, 490 A.2d 82, 195 Conn. 636, 1985 Conn. LEXIS 731 (Colo. 1985).

490 A.2d 82 (Levine v. Manson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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