Quintana v. Commissioner of Correction

739 A.2d 701, 55 Conn. App. 426, 1999 Conn. App. LEXIS 413
CourtConnecticut Appellate Court
DecidedOctober 26, 1999
DocketAC 18421
StatusPublished
Cited by12 cases

This text of 739 A.2d 701 (Quintana 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
Quintana v. Commissioner of Correction, 739 A.2d 701, 55 Conn. App. 426, 1999 Conn. App. LEXIS 413 (Colo. Ct. App. 1999).

Opinion

Opinion

SCHALLER, J.

The petitioner, Jose Quintana, appeals from the judgment of the habeas court dismissing his amended petition for a writ of habeas corpus. The petitioner claims that the habeas court improperly determined that he was not entitled to a new trial. Specifically, the petitioner claims that the habeas court improperly failed to find that, at his trial, he was deprived of his constitutional rights (1) to due process of law, (2) to confront the witnesses against him and (3) to effective assistance of counsel. We affirm the judgment of the habeas court.

The following facts and procedural history are necessary to the disposition of this appeal. In 1987, a jury found the petitioner guilty of felony murder in violation of General Statutes § 53a-54c. The facts established at the petitioner’s criminal trial, as reported in State v. Quintana, 209 Conn. 34, 36-37, 547 A.2d 534 (1988), are as follows: “The jury could reasonably have found [428]*428that on the evening of March 11,1986, the victim, Robert Chrisman, was [fatally] stabbed in the chest on a sidewalk near his apartment in Waterbury. Police responding to a call reporting the incident found a silver-colored aluminum cigarette case and cigarette lighter on the sidewalk near the victim. The victim’s fiancee, who later identified his body, testified that she did not recognize the lighter and cigarette case as belonging to the victim and had never seen them in his possession. The police officers at the scene collected the lighter and cigarette case and brought them to police headquarters for forensic examination. Police experts later determined that fingerprints on both of these items were the [petitioner’s].

“The [petitioner’s] former girlfriend, Jeannette Ber-man, testified that in a conversation with her two days after the stabbing incident, the [petitioner] admitted having stabbed the victim in self-defense in an altercation that, according to the [petitioner], had been initiated by the victim. She also identified the cigarette case and lighter that police had recovered from the crime scene as belonging to the [petitioner].

“Berman further testified that, a few days after the murder, she picked up the [petitioner] in her car at a prearranged meeting place pursuant to his instructions. As they drove around Waterbury, the [petitioner] ordered her to pull over to pick up a friend of his whom he saw walking nearby. She identified the passenger as Gregorio Hernandez, and testified that the [petitioner] and Hernandez subsequently carried on a conversation in Spanish in the back seat of her car while she drove.

“Hernandez testified at the [petitioner’s] probable cause hearing and again at the trial that, during this back seat conversation, the [petitioner] confided in Hernandez that he had killed [the victim] during an [429]*429attempted robbery.” On direct appeal, our Supreme Court affirmed the judgment of conviction.

Following the disposition of the petitioner’s direct appeal, he instituted a habeas corpus proceeding. The relevant facts, as discussed in Quintana v. Warden, 220 Conn. 1, 3-4, 593 A.2d 964 (1991), are as follows: “The petitioner claimed before the habeas court that he had been denied effective assistance of counsel because his trial counsel failed adequately to cross-examine the state’s principal witness and to investigate the petitioner’s claim of self-defense.1 Specifically, the petitioner argued that his attorney should have more thoroughly examined Hernandez on the issue of the reward money [from Crime Stoppers] and any arrangements he might have made with the police in return for testifying against the petitioner in consideration of leniency with respect to a weapons charge that was pending against him. The petitioner also claimed he had told his trial counsel that he had suffered a laceration on his back during the altercation with the victim, but that his trial counsel had failed to photograph the wound or to have a doctor examine it.

“The habeas court found that proof of the felony murder charge consisted principally of Hernandez’ testimony, that the stabbing had occurred as an incident to a robbery, and that the petitioner’s trial counsel had not aggressively cross-examined Hernandez concerning the reward money or his motives for testifying. Furthermore, the habeas court found that the petitioner’s trial counsel had not adequately investigated the petitioner’s alleged injury and claim of self-defense and that such an investigation might have produced evidence that would have seriously undermined the state’s case on the felony murder charge. The habeas court concluded [430]*430that the appropriate standard for examining claims of ineffective assistance of counsel was set forth in Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674, reh. denied, 467 U.S. 1267, 104 S. Ct. 3562, 82 L. Ed. 2d 864 (1984), and that, under the Strickland test, the petitioner had demonstrated that he had not been adequately represented. The habeas court therefore granted the petition for a writ of habeas corpus and ordered a new trial.” From that judgment, the state appealed to this court, and the appeal was thereafter transferred to the Supreme Court pursuant to Practice Book § 65-1. Quintana v. Warden, supra, 220 Conn. 4. Our Supreme Court concluded that the habeas court had applied an incorrect standard in reviewing the petitioner’s claim of ineffective assistance of counsel, and reversed the judgment and remanded the case for a new hearing on the habeas petition. Id., 6.

Subsequently, the petitioner proceeded with this fourth amended petition containing four counts. The first and fourth counts allege a deprivation of the petitioner’s right to counsel and actual innocence, respectively. The petitioner has abandoned both of those claims on appeal.

The second count alleges that the petitioner was deprived of his right to effective assistance of counsel. In support of this claim, the petitioner argues that he was ineffectively represented at trial by attorney Paul Yamin. The petitioner claimed that Yamin failed to investigate potential witnesses adequately and to pursue the petitioner’s claim of self-defense. Hernandez testified that the petitioner had admitted to him that he had stabbed the victim during a robbery. The petitioner claims that Yamin failed to investigate the circumstances under which Hernandez’ original statement was given to the police.

The third count, labeled “due process,” alleges that the petitioner was deprived of his rights (1) to confront [431]*431the witnesses against him and (2) to exculpatory information. In support of this claim, the petitioner alleged that Hernandez contacted an agency in Waterbury known as Crime Stoppers prior to testifying at the petitioner’s probable cause hearing and at trial. Hernandez was told by Crime Stoppers that he would receive money for his cooperation in prosecuting the charges against the petitioner if the petitioner was convicted.

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Related

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59 A.3d 403 (Connecticut Appellate Court, 2013)
Elsey v. Commissioner of Correction
10 A.3d 578 (Connecticut Appellate Court, 2011)
Quintana v. Armstrong
337 F. App'x 23 (Second Circuit, 2009)
Walker v. Commissioner of Correction
930 A.2d 65 (Connecticut Appellate Court, 2007)
State v. Turner
789 A.2d 1058 (Connecticut Appellate Court, 2002)
Figueroa v. Warden, No. Cv93-1726 (Aug. 2, 2001)
2001 Conn. Super. Ct. 10451 (Connecticut Superior Court, 2001)
Milner v. Commissioner of Correction
779 A.2d 156 (Connecticut Appellate Court, 2001)
State v. Louise-Julie
762 A.2d 913 (Connecticut Appellate Court, 2000)
State v. Floyd
756 A.2d 799 (Supreme Court of Connecticut, 2000)
Daniel v. Commissioner of Correction
751 A.2d 398 (Connecticut Appellate Court, 2000)
Quintana v. Commissioner of Correction
743 A.2d 614 (Supreme Court of Connecticut, 1999)

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Bluebook (online)
739 A.2d 701, 55 Conn. App. 426, 1999 Conn. App. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quintana-v-commissioner-of-correction-connappct-1999.