Veal v. Warden

611 A.2d 911, 28 Conn. App. 425, 1992 Conn. App. LEXIS 298
CourtConnecticut Appellate Court
DecidedAugust 4, 1992
Docket10485
StatusPublished
Cited by18 cases

This text of 611 A.2d 911 (Veal v. Warden) 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
Veal v. Warden, 611 A.2d 911, 28 Conn. App. 425, 1992 Conn. App. LEXIS 298 (Colo. Ct. App. 1992).

Opinion

Lavery, J.

The principal issue in this habeas corpus appeal is whether the habeas court properly found that the petitioner, Samuel J. Veal, was afforded effective assistance of counsel as guaranteed by the United States and Connecticut constitutions. A jury found the petitioner guilty of murder in violation of General Statutes § 53a-54a,1 and the trial court imposed a sentence of sixty years. The petitioner appealed to the Supreme Court which upheld the conviction in State v. Veal, 201 Conn. 368, 517 A.2d 615 (1986).

The petitioner then brought a petition for a writ of habeas corpus in the Superior Court, claiming that he had been deprived of his constitutional right to effective assistance of counsel as guaranteed by the United States and Connecticut constitutions. In the habeas court, the petitioner claimed that he had received ineffective assistance of counsel because his trial coun[427]*427sel (1) had failed to raise and present an affirmative defense of extreme emotional disturbance when adequate pretrial investigation by counsel would have disclosed that this was the only viable defense available, (2) had presented a “defense of apologia” as the sole defense, and (3) had failed to object on hearsay grounds concerning threats made by the petitioner against the victim.

The following findings of fact were among those made by the habeas court in its memorandum of decision: (1) the petitioner had failed to make the required showing of either deficient performance or sufficient prejudice; (2) the petitioner had a fair trial and had not sustained his burden of proving ineffective assistance of counsel under the United States or Connecticut constitutions; and (3) the petitioner made no showing that the justice of his trial was rendered unreliable by a breakdown in the adversarial process caused by deficiencies in counsel’s assistance. The habeas court dismissed the petition, and the petitioner, upon the granting of certification, appealed to this court.

On appeal, the petitioner claims that the habeas court failed to recognize trial counsel’s deficient performance and the resulting prejudice to the petitioner’s defense because (1) the trial counsel failed to object properly on the grounds of hearsay to the admission of the statements of three witnesses, (2) the trial court improperly concluded that trial counsel had conducted an adequate investigation into the petitioner’s defense of extreme emotional disturbance, (3) the court improperly concluded that the failure to advance the affirmative defense of extreme emotional disturbance was a strategic or tactical decision, (4) the court failed to find that the petitioner overcame the presumption that the challenged actions of trial counsel were sound trial strategy, and (5) the court did not find trial counsel’s performance [428]*428to be deficient and that such deficiency prejudiced the petitioner. We affirm the judgment of the habeas court.

The facts relevant to the petitioner’s murder conviction can be summarized as follows. “During the evening of July 30,1983, a number of people were sociably playing cards at a private home in Hartford. When additional visitors arrived around 11 p.m., the card game broke up and four of the visitors, the [petitioner], another man and two women, then left the house. As they were walking away from the house, the [petitioner], without visible provocation, fired a shot at one of the women, who had formerly been his girlfriend. After the victim fell to the ground, the [petitioner] fired additional shots at her at close range. The victim died at St. Francis Hospital without ever having regained consciousness. In firing at the victim, the [petitioner] also hit the other woman, who suffered a bullet wound in her arm. The [petitioner] fled from the scene of the crime but was apprehended later that evening by the Hartford police.” State v. Veal, supra, 370.

We first address our scope of review. In a habeas corpus appeal, this court may not disturb underlying historical facts found by the habeas court unless they are clearly erroneous. Phillips v. Warden, 220 Conn. 112, 131, 595 A.2d 1356 (1991). When determining whether those facts constitute a violation of the petitioner’s right to effective assistance of counsel, however, this court is not bound by such a limited standard of review, because such a determination is a mixed determination of law and fact that requires the application of legal principles to the historical facts of this case. Id.

The sixth and fourteenth amendments to the United States constitution and article first, § 8, of the Connecticut constitution guarantee the right to effective [429]*429assistance of counsel. Quintana v. Warden, 220 Conn. 1, 4, 593 A.2d 964 (1991); Levine v. Manson, 195 Conn. 636, 649, 490 A.2d 82 (1985).2

“A convicted defendant’s claim that counsel’s assistance was so defective as to require reversal of a conviction . . . has two components. First, the defendant must show that counsel’s performance was deficient. . . . Second, the defendant must show that the deficient performance prejudiced the defense. . . . Unless a defendant makes both showings, it cannot be said that the conviction . . . resulted from a breakdown in the adversary process that renders the result unreliable. Strickland v. Washington, 466 U.S. 668, 687, 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)

“Establishing that counsel’s performance was deficient requires showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed by the Sixth Amendment. ... To demonstrate this the defendant must show that counsel’s representation fell below an objective standard of reasonableness. ... In any case presenting an ineffectiveness claim, the performance inquiry must be whether counsel’s assistance was reasonable considering all the circumstances. . . . Judicial scrutiny of counsel’s performance must be highly deferential, and courts must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy.” (Citations omitted; internal quo[430]*430tation marks omitted.) Fair v. Warden, 211 Conn. 398, 402-404, 559 A.2d 1094, cert. denied, 493 U.S. 981, 110 S. Ct. 512, 108 L. Ed. 2d 514 (1989); Williams v. Warden, 217 Conn. 419, 422-23, 586 A.2d 582 (1991).

“[A] court need not determine whether counsel’s performance was deficient before examining the prejudice suffered by the [petitioner] as a result of the alleged deficiencies. . ... If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice . . .

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Bluebook (online)
611 A.2d 911, 28 Conn. App. 425, 1992 Conn. App. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/veal-v-warden-connappct-1992.