Streater v. Commissioner of Correction

68 A.3d 155, 143 Conn. App. 88, 2013 WL 2321508, 2013 Conn. App. LEXIS 284
CourtConnecticut Appellate Court
DecidedJune 4, 2013
DocketAC 33159
StatusPublished
Cited by3 cases

This text of 68 A.3d 155 (Streater 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
Streater v. Commissioner of Correction, 68 A.3d 155, 143 Conn. App. 88, 2013 WL 2321508, 2013 Conn. App. LEXIS 284 (Colo. Ct. App. 2013).

Opinion

Opinion

MIHALAKOS, J.

The petitioner, Maceo Troy Streater, appeals following the denial of his petition for certification to appeal from the judgment of the habeas court denying his third petition for a writ of habeas corpus. On appeal, the petitioner claims that the court abused its discretion in denying his petition for certification to appeal, and that the court improperly (1) found the petitioner’s claims of juror bias to be procedurally defaulted; (2) denied his claim of ineffective assistance of trial counsel; and (3) denied his claim of ineffective assistance of appellate counsel. We dismiss the appeal.

The petitioner’s underlying conviction was the subject of a direct appeal before this court. See State v. Streater, 36 Conn. App. 345, 650 A.2d 632 (1994), cert. denied, 232 Conn. 908, 653 A.2d 195 (1995). In affirming the conviction, we concluded that the jury reasonably could have found the following relevant facts. On May 8, 1990, the victim was riding a bicycle in New Haven at approximately 9 p.m. Id., 347. The victim and two of his friends encountered an acquaintance, Joseph Preston; the victim and Preston separated from the others and rode their bicycles up Shelton Avenue. Id. Then, “[f]our young African-American males, including the [petitioner], approached [the victim] on foot. An argument ensued between [the victim] and the [petitioner], while Preston stood fifteen to twenty feet away. Preston recognized the [petitioner] and noted that he was wearing a white shirt and black pants. The argument between the victim and the [petitioner] continued and, at a time that Preston was looking the other way, Preston heard gunshots. When Preston turned, he saw the [petitioner] [91]*91standing in the middle of the street shooting at the [victim]. [The victim] died as a result of his injuries.

“The New Haven police were notified. Detective Joseph Howard observed the body of the victim lying in the street. . . . While Howard was canvassing the neighborhood for possible witnesses, Carol Cheek motioned him to the rear of a building, and provided him with information that led him to check outside the [petitioner’s] home for a faded red compact car.

“Detectives Anthony DiLullo and John Greene were also dispatched to the shooting scene. . . . Howard called DiLullo and Greene over to his car to meet Cheek. Cheek told the officers that earlier in the evening she had heard gunshots and had seen four young African-American men running from the area where she had heard the shots. The men entered a faded red or maroon automobile parked on Dixwell Avenue. Cheek identified the [petitioner] as one of the men she had seen running. He lived across the street from her, and she had known him for about twenty years. Cheek also told the officers she had seen the [petitioner] with the maroon automobile on other occasions, and that it was normally parked outside his house on Dixwell Avenue. . . .

“Preston was contacted by the police several days later regarding the shooting. He reviewed a tray of photographs of African-American males and selected the [petitioner’s] photograph as that of the person who had shot the victim.

“On May 10,1990, DiLullo and Greene tape-recorded a statement from Cheek at her apartment. On May 16, Cheek met with the detectives to read and review her statement. She read and corrected her statement, initialed each correction and signed the last page.

[92]*92“At trial,1 Cheek testified that she did not remember being outside her house on May 8. She also stated that she did not approach Howard that night, that she did not recall whether she gave the police a taped statement on May 10, and that looking at the transcript of the statement did not help because she could not read. She acknowledged that the signature on the statement was hers, although she did not remember signing it. Cheek listened to the tape recording of the statement, but denied that the voice was hers.

“On cross-examination, Cheek said that two officers were putting pressure on her to provide information about the shooting. On redirect examination, although Cheek said she had no recollection of the events of May 8, she did recall trying to get herself and her children out of the way of gunshots.” Id., 347-49.

The jury found the petitioner guilty of murder in violation of General Statutes § 53a-54a and carrying a pistol without a permit in violation of General Statutes § 29-35. Id., 346-47. The petitioner was sentenced to a total effective term of thirty-five years incarceration.

After this court affirmed the petitioner’s conviction, the petitioner’s sister met with Attorney John J. Kelly regarding representation of the petitioner in connection with preparing a petition for a new trial based on alleged newly discovered evidence. Kelly, however, did not file the petition for a new trial within the statute of limitations, and the petition was dismissed. Kelly then filed a petition for a writ of habeas corpus on the petitioner’s behalf, in which he asserted the same arguments as he presented in the petition for a new trial. The court, Downey, J., denied this petition in December, 1998. The petitioner filed a second habeas corpus petition in 1999, [93]*93which the court, Silbert, J., dismissed without trial in July, 2002.

The petitioner then filed the present habeas corpus petition alleging claims of juror bias and ineffective assistance of counsel. Following the habeas trial, the court, Fuger, J., denied the petition and subsequently denied the petitioner’s petition for certification to appeal. This appeal followed. Additional facts and procedural history will be set forth as necessary.

On appeal, the petitioner claims that the court abused its discretion in denying his petition for certification to appeal, and that the court erroneously rejected his claims that he was denied his right to a fair and impartial jury, and received ineffective assistance of trial and appellate counsel. We are not persuaded.

As an initial matter, we set forth the standard of review relevant to our resolution of this appeal. “Faced with the habeas court’s denial of certification to appeal, a petitioner’s first burden is to demonstrate that the habeas court’s ruling constituted an abuse of discretion. ... A petitioner may establish an abuse of discretion by demonstrating that the issues are debatable among jurists of reason . . . [the] court could resolve the issues [in a different manner] . . . or . . . the questions are adequate to deserve encouragement to proceed further. . . . The required determination may be made on the basis of the record before the habeas court and applicable legal principles. . . .

“In determining whether the habeas court abused its discretion in denying the petitioner’s request for certification, we necessarily must consider the merits of the petitioner’s underlying claims to determine whether the habeas court reasonably determined that the petitioner’s appeal was frivolous. In other words, we review the petitioner’s substantive claims for the purpose of ascertaining whether those claims satisfy one or more [94]*94of the three criteria . . . adopted by this court for determining the propriety of the habeas court’s denial of the petition for certification.

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Related

Walker v. Commissioner of Correction
230 Conn. App. 108 (Connecticut Appellate Court, 2025)
Saunders v. Commissioner of Correction
194 Conn. App. 473 (Connecticut Appellate Court, 2019)
Wargo v. Commissioner of Correction
73 A.3d 821 (Connecticut Appellate Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
68 A.3d 155, 143 Conn. App. 88, 2013 WL 2321508, 2013 Conn. App. LEXIS 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/streater-v-commissioner-of-correction-connappct-2013.