Donald G. v. Comm'r of Corr.
Decision Date | 02 March 2021 |
Docket Number | AC 42713 |
Citation | 247 A.3d 182,203 Conn.App. 58 |
Court | Connecticut Court of Appeals |
Parties | DONALD G. v. COMMISSIONER OF CORRECTION |
Donald G., self-represented, the appellant (petitioner).
Linda F. Currie-Zeffiro, senior assistant state's attorney, with whom, on the brief, were Margaret E. Kelley, state's attorney, and Angela Macchiarulo and Michael Proto, senior assistant state's attorneys, for the appellee (respondent).
Prescott, Elgo and Pavia, Js.
Following the granting of certification to appeal by the habeas court, the petitioner, Donald G., appeals from the judgment of the habeas court denying his third amended petition for a writ of habeas corpus. The petitioner claims that the habeas court improperly rejected his claim that his right to effective assistance of counsel had been violated because his trial counsel (1) neglected to present testimony regarding the petitioner's whereabouts for one of the nights in question, (2) referenced the complainant as the "victim" and failed to object or to request a curative instruction when the prosecutor also referred to the complainant as the "victim," and (3) failed to investigate properly an incident of uncharged misconduct.1 We disagree and affirm the judgment of the habeas court.
The petitioner was convicted of sexual assault in the first degree, sexual assault in the third degree and three counts of risk of injury to a child. The judgment of conviction for those crimes was affirmed on direct appeal by this court, and our Supreme Court denied his subsequent petition for certification to appeal. See State v. Donald H. G. , 148 Conn. App. 398, 84 A.3d 1216, cert. denied, 311 Conn. 951, 111 A.3d 881 (2014). The following facts, as set forth by this court in State v. Donald H. G. , supra, at 400–404, 84 A.3d 1216, are relevant to the petitioner's appeal.
(Footnote added.) Id. at 400–403, 84 A.3d 1216.
The petitioner appealed from the judgment of conviction, which was affirmed by this court. Id. at 400, 84 A.3d 1216. Thereafter, the petitioner filed a petition for a writ of habeas corpus. The petitioner amended his petition three times and filed his third amended petition on February 20, 2018. In his third amended petition for a writ of habeas corpus, the petitioner asserted that his trial counsel, Attorney Robert Lacobelle, provided ineffective assistance. The following individuals who provided testimony at the habeas trial included: Linda H., the petitioner's mother; Gary H., the petitioner's stepfather; Theresa Charette, a friend of the victim's mother; Charles Stango, a supervising assistant state's attorney and prosecutor at the underlying criminal trial; Daniel Markle, the private investigator that was retained by the petitioner's trial counsel; and the petitioner's trial counsel. Following the trial, the habeas court, Kwak , J. , in a memorandum of decision, denied the petitioner's habeas petition. In doing so, the court concluded that the petitioner had failed to demonstrate that his trial counsel's assistance was ineffective and found that trial counsel's use of different trial strategies for alternate allegations was "highly reasonable and not indicative of deficient performance." The petitioner filed a petition for certification to appeal, which the habeas court granted. This appeal followed.
On appeal, the petitioner claims that the court improperly failed to conclude that his trial counsel was ineffective for (1) failing to present the testimony of four witnesses regarding the petitioner's whereabouts on one of the nights in question, (2) improperly referencing the complainant as the "victim" and failing to object or to request a curative instruction when the prosecutor did the same, and (3) failing to investigate properly an incident of uncharged misconduct. We disagree.
We begin by setting forth the applicable standard of review and the law governing ineffective assistance of counsel claims. ...
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