Minnifield v. Commissioner of Correction

767 A.2d 1262, 62 Conn. App. 68, 2001 Conn. App. LEXIS 91
CourtConnecticut Appellate Court
DecidedFebruary 27, 2001
DocketAC 20108
StatusPublished
Cited by22 cases

This text of 767 A.2d 1262 (Minnifield v. Commissioner of Correction) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minnifield v. Commissioner of Correction, 767 A.2d 1262, 62 Conn. App. 68, 2001 Conn. App. LEXIS 91 (Colo. Ct. App. 2001).

Opinion

Opinion

LAVERY, C. J.

The petitioner, Wendell Minnifield, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus in which he alleged ineffective assistance of counsel. He claims that the court improperly determined that (1) his counsel’s investigation prior to the petitioner’s plea of guilty was not insufficient, (2) there was no basis for suppressing the confession of the petitioner, and counsel’s decision not to file a motion to suppress the confession did not prejudice the petitioner, and (3) counsel did not misinform the petitioner regarding his sentence. We affirm the judgment of the habeas court.

The facts underlying the petitioner’s arrest and claim of ineffective assistance of counsel are as follows. On June 21,1995, the Waterbuiy police were called to investigate a motor vehicle accident and possible shooting. When they arrived, they found the victim, a thirty year old male, in the driver’s seat of a vehicle that had struck a telephone pole, with a fatal gunshot wound to his left chest. Police later learned that the victim had been fighting with the petitioner’s cousin. After the fight ended, the victim entered and remained inside his vehicle. The petitioner walked to the driver’s side door and fired three shots at the victim, one of which entered his chest and resulted in his death. After the shooting, the victim tried to drive away, but sped into a telephone pole.

[70]*70The petitioner, age sixteen at the time, was arrested the following day. He was advised of his rights and confessed to the murder in a written statement to the police. On June 25,1996, the petitioner, represented by attorney Jayne Kennedy, pleaded guilty to murder in the first degree in violation of General Statutes § 53a-54a pursuant to the Alford doctrine.1 Kennedy advised him to plead guilty. The court sentenced him to a term of imprisonment of forty years.

On February 11,1999, the petitioner filed an amended petition for a writ of habeas corpus, alleging ineffective assistance of counsel by Kennedy. The court denied the petition and granted certification to appeal. This appeal followed.

We must first consider our standard of review. “In a habeas appeal, this court cannot disturb the underlying facts found by the habeas court unless they are clearly erroneous, but our review of whether the facts as found by the habeas court constituted a violation of the petitioner’s constitutional right to effective assistance of counsel is plenary.” (Internal quotation marks omitted.) Fuller v. Commissioner of Correction, 59 Conn. App. 302, 303, 755 A.2d 380, cert, denied, 254 Conn. 943, 761 A.2d 760 (2000).

“A criminal defendant is constitutionally entitled to adequate and effective assistance of counsel . . . .” Copas v. Commissioner of Correction, 234 Conn. 139, 153, 662 A.2d 718 (1995). In Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), the United States Supreme Court established that for a petitioner to prevail on a claim of ineffective [71]*71assistance of counsel, he must show “that counsel’s assistance was so defective as to require reversal of [the] conviction . . . .” That requires the petitioner to show (1) that counsel’s performance was deficient and (2) that the deficient performance prejudiced the defense. Id.; see also Henry v. Commissioner of Correction, 60 Conn. App. 313, 316-17, 759 A.2d 118 (2000). “Unless a [petitioner] makes both showings, it cannot be said that the conviction . . . resulted from a breakdown in the adversary process that renders the result unreliable.” (Internal quotation marks omitted.) Henry v. Commissioner of Correction, supra, 317, citing Strickland v. Washington, supra, 687; see also Fair v. Warden, 211 Conn. 398,402, 559 A.2d 1094, cert, denied, 493 U.S. 981, 110 S. Ct. 512, 107 L. Ed. 2d 514 (1989); Aillon v. Meachum, 211 Conn. 352, 357, 559 A.2d 206 (1989).

The first component of the Strickland test, generally referred to as the performance prong, requires that the petitioner “show that counsel’s representation fell below an objective standard of reasonableness.” (Internal quotation marks omitted.) Aillon v. Meachum, supra, 211 Conn. 357. In Strickland, the United States Supreme Court held that “[j Judicial scrutiny of counsel’s performance must be highly deferential. It is all too tempting for a [petitioner] to second-guess counsel’s assistance after conviction or adverse sentence, and it is all too easy for a court, examining counsel’s defense after it has proved unsuccessful, to conclude that a particular act or omission of counsel was unreasonable. . . . A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time. Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption [72]*72that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the [petitioner] must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy. . . . [C]ounsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.” (Internal quotation marks omitted.) Henry v. Commissioner of Correction, supra, 60 Conn. App. 317-18.

“Even if a petitioner shows that counsel’s performance was deficient, the second prong, or prejudice prong, requires that the petitioner show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. ... In the context of a guilty plea, our Supreme Court has stated: [T]he petitioner must show that such a decision to plead not guilty would have been based on the likelihood that the introduction of the evidence for the defense that was not identified because of ineffective assistance of counsel would have been successful at trial. . . . [The United States Supreme Court stated that in] many guilty plea cases, the prejudice inquiry will closely resemble the inquiry engaged in by courts reviewing ineffective-assistance challenges to convictions obtained through a trial. For example, where the alleged error of counsel is a failure to investigate . . . the determination whether the error prejudiced the defendant by causing him to plead guilty rather than go to trial will depend on the likelihood that discovery of the evidence would have led counsel to change his recommendation as to the plea.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ruiz v. Warden
113 A.3d 497 (Connecticut Superior Court, 2013)
Correia v. Commissioner of Correction
64 A.3d 134 (Connecticut Appellate Court, 2013)
Sotomayor v. Commissioner of Correction
41 A.3d 333 (Connecticut Appellate Court, 2012)
Minnifield v. Commissioner of Correction
960 A.2d 1117 (Connecticut Appellate Court, 2008)
Griffin v. Commissioner of Correction
909 A.2d 60 (Connecticut Appellate Court, 2006)
Ziel v. Commissioner of Correction
873 A.2d 239 (Connecticut Appellate Court, 2005)
Toccaline v. Commissioner of Correction
837 A.2d 849 (Connecticut Appellate Court, 2004)
Groomes v. Warden, No. Cv94-2114 (Mar. 26, 2003)
2003 Conn. Super. Ct. 4371 (Connecticut Superior Court, 2003)
Vargas v. Warden Cheshire, No. Cv01-449753 S (Aug. 23, 2002)
2002 Conn. Super. Ct. 10805 (Connecticut Superior Court, 2002)
Henderson v. warden/state Prison, No. Cv99 033 74 89 S (May 17, 2002)
2002 Conn. Super. Ct. 6284 (Connecticut Superior Court, 2002)
Doehrer v. Commissioner of Correction
795 A.2d 548 (Connecticut Appellate Court, 2002)
Bruno v. Warden Tarascio, No. Cv 98 416581 S (Mar. 1, 2002)
2002 Conn. Super. Ct. 2738 (Connecticut Superior Court, 2002)
Guadalupe v. Commissioner of Correction
791 A.2d 640 (Connecticut Appellate Court, 2002)
Baillargeon v. Commissioner of Correction
789 A.2d 1046 (Connecticut Appellate Court, 2002)
Johnson v. Warden, No. Cv99-033 68 54 S (Jan. 15, 2002)
2002 Conn. Super. Ct. 563 (Connecticut Superior Court, 2002)
Berger v. Warden, No. Cv 98-416581 S (Dec. 6, 2001)
2001 Conn. Super. Ct. 16184 (Connecticut Superior Court, 2001)
Mezrioui v. Commissioner of Correction
787 A.2d 3 (Connecticut Appellate Court, 2001)
Fuller v. Commissioner of Correction
785 A.2d 1143 (Connecticut Appellate Court, 2001)
Adorno v. Commissioner of Correction
783 A.2d 1202 (Connecticut Appellate Court, 2001)
Bewry v. Warden, No. Cv93-1665 (Oct. 2, 2001)
2001 Conn. Super. Ct. 13496 (Connecticut Superior Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
767 A.2d 1262, 62 Conn. App. 68, 2001 Conn. App. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minnifield-v-commissioner-of-correction-connappct-2001.