Crocker v. Comm'r of Correction, 30786.
Decision Date | 18 January 2011 |
Docket Number | No. 30786.,30786. |
Court | Connecticut Court of Appeals |
Parties | Shawn CROCKER v. COMMISSIONER OF CORRECTION. |
Mark M. Rembish, special public defender, for the appellant (petitioner).
James M. Ralls, assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Linda N. Howe, former senior assistant state's attorney, for the appellee (respondent).
BISHOP, HARPER and WEST, Js.
The petitioner, Shawn Crocker, appeals from the judgment of the habeas court denying his third amended petition for a writ of habeas corpus. Onappeal, he claims that the court improperly concluded that he had not been denied effective assistance of counsel when his habeas counsel failed: (1) to raise claims of ineffective assistance of his trial and appellate counsel, (2) to raise a claim that the prosecution did not disclose exculpatory evidence, (3) to investigate potentially exculpatory information and (4) to raise a claimthat the petitioner's second criminal trial constituted a violation of the double jeopardy clause of the fifth amendment to the United States constitution.1 We affirm the judgment of the habeas court.
The relevant facts and procedural history surrounding the petitioner's conviction were set forth by this court in our decision affirming the denial of his first petition for habeas relief. See Crocker v. Commissioner of Correction, 101 Conn.App. 133, 134-35, 921 A.2d 128, cert. denied, 283 Conn. 905, 927 A.2d 916 (2007). (Citation omitted; internal quotation marks omitted.) Id., at 134-35, 921 A.2d 128.
After his conviction, the petitioner filed a direct appeal with this court, and we affirmed the conviction. See State v. Crocker, 83 Conn.App. 615, 852 A.2d 762, cert. denied, 271 Conn. 910, 859 A.2d 571 (2004). At all times during his direct appeal, the petitioner was represented by attorney Adele V. Patterson. Id.
"Following his unsuccessful appeal, the petitioner filed an amended petition for a writ of habeas corpus, alleging, inter alia, ineffective assistance of his trial counsel, Leo Ahern, who had represented the petitioner throughout his first criminal trial, which resulted in a mistrial, and then again in his second trial." Crocker v. Commissioner of Correction, supra, 101 Conn.App. at 135, 921 A.2d 128. In the first habeas trial, the petitioner claimed that Ahern rendered ineffective assistance by failing to object to the admission of the transcript testimony of Travis Jenkins, which was elicited during the petitioner's first criminal trial and that he failed to investigate or to obtain evidence prior to the start of the second criminal trial. See id., at 134, 138, 921 A.2d 128. The petitioner argued that Jenkins' testimony was inadmissible because he was unavailable for cross-examination at the second criminal trial. See id., at 138, 921 A.2d 128.
At the conclusion of his first habeas trial, the court rejected the petitioner'sclaims of ineffective assistance of counsel, and this court affirmed that judgment. Id., at 144, 921 A.2d 128. In that appeal, we concluded that the petitioner had failed to demonstrate that "there [was] a reasonable probability that, but for the admission of the Jenkins transcript, the result of the trial would have been different." 2 See id., at 141, 921 A.2d 128.
On June 21, 2007, the petitioner filed a third amended petition for a writ of habeas corpus, claiming, on this occasion, that his first habeas counsel, attorney Genevieve Salvatore, rendered ineffective assistance.3 Specifically, he claimed, inter alia, that Salvatore rendered ineffective assistance by failing: (1) to raise various claims of ineffective assistance of the petitioner's trial and appellate counsel, (2) to investigate potentially exculpatory information, (3) to raise a claim that the prosecution did not disclose exculpatory evidence and (4) to raise a claim that the petitioner's second criminal trial violated double jeopardy.
In that habeas trial, which is the subject of this appeal, the court, A. Santos, J., heard testimony from the petitioner, Salvatore and Detective Richard Pelletier of the New Haven police department. In particular, Salvatore was questioned extensively regarding her representation of the petitioner during his first habeas trial. On January 26, 2009, the court, by way of a twenty page memorandum of decision, denied the petitioner'sclaims of ineffective assistance of counsel. This appeal followed. Additional facts will be set forth as necessary.
In reviewing claims that are based on ineffective assistance of counsel, we begin by setting forth the familiar and well settled standard of review articulated by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). "In Strickland, which applies to claims of ineffective assistance during criminal proceedings generally, the United States Supreme Court determined that the claim must be supported by evidence establishing that (1) counsel's representation fell below an objective standard of reasonableness, and (2) counsel's deficient performance prejudiced the defense because there was a reasonable probability that the outcome of the proceedings would have been different had it not been for the deficient performance." (Emphasis in original.) Johnson v. Commissioner of Correction, 285 Conn. 556, 575, 941 A.2d 248 (2008). Russell v. Commissioner of Correction, 49 Conn.App. 52, 53, 712 A.2d 978, cert. denied, 247 Conn. 916, 722 A.2d 807 (1998), cert. denied sub nom. Russell v. Armstrong, 525 U.S. 1161, 119 S.Ct. 1073, 143 L.Ed.2d 76 (1999).
" (Emphasis altered.) LaPointe v. Commissioner of Correction, 113 Conn.App. 378, 394-95, 966 A.2d 780 (2009).
(Internal quotation marks omitted.) Pierce v. Commissioner of Correction, 100 Conn.App. 1, 11-12, 916 A.2d 864, cert. denied, 282 Conn. 908, 920 A.2d 1017 (2007).
We will now address each of the petitioner's claims of ineffective assistance individually, cognizant that his claims regarding previous habeas counsel will not succeed if the claims of ineffective assistance of trial counsel lack merit. See LaPointe v. Commissioner of Correction, supra, 113 Conn.App. at 395, 966 A.2d 780. On appeal, the petitioner asserts, inter alia, that the court improperlyconcluded that attorney Salvatore did not render ineffective assistance. Under this rubric, the petitioner raises eight...
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