Olorunfunmi v. Comm'r of Corr.
Decision Date | 22 March 2022 |
Docket Number | AC 44187 |
Parties | Ibraheen OLORUNFUNMI v. COMMISSIONER OF CORRECTION |
Court | Connecticut Court of Appeals |
J. Patten Brown III, Avon, assigned counsel, with whom, on the brief, was Abby Marchinkoski, for the appellant (petitioner).
Christopher Alexy, senior assistant state's attorney, with whom, on the brief, were Margaret E. Kelley, state's attorney, and Jo Anne Sulik, senior assistant state's attorney, for the appellee (respondent).
Alexander, Clark and Palmer, Js.
The petitioner, Ibraheen Olorunfunmi, appeals following the denial of his petition for certification to appeal from the judgment of the habeas court denying his second amended petition for a writ of habeas corpus. On appeal, the petitioner, a Nigerian citizen, claims that the habeas court abused its discretion in denying the petition for certification to appeal because his constitutional right to the effective assistance of counsel was violated due to the failure of his trial counsel to advise him, as required by Padilla v. Kentucky , 559 U.S. 356, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010), that a plea of guilty to larceny in the second degree would almost certainly result in his deportation to Nigeria, which, in fact, occurred following his plea to that offense and subsequent sentencing. We conclude that the petitioner has not demonstrated that the habeas court abused its discretion in denying the petition for certification, and, accordingly, we dismiss the appeal.
The memorandum of decision of the habeas court sets forth the following facts and procedural history concerning the petitioner's underlying conviction. "In the summer of 2014, the West Haven Police Department received a complaint from [the] Darien Rowayton Bank [bank] concerning a possible fraud. [The bank investigated the complaint and] determined that in June of 2014, the bank had received two e-mails from a longtime customer requesting wire transfers, one dated June 9, 2014, and another dated June 11, 2014. The June 9 transfer was for $23,855, and [the] June 11 ... transfer was for $6000. [The bank was] contacted by the ... actual customer ... that he never sent the e-mails or requested wire transfers. [During its investigation, the bank] learned ... that the $23,855 wire transfer was sent to the TD Bank North from West Haven ... to an account in the [petitioner's] name. There were [surveillance] videos of the [petitioner] making several withdrawals on days following the transfer. The $6000 transfer went to an account for a business called Palms Fashion [Inc.] in New York City. On July 4, 2014, the [petitioner] wanted to pay some of the money back, $3000 now, with the remainder over time. ...
Although he did not file a direct appeal from the judgment of conviction that followed his guilty plea and sentencing, in August, 2015, the self-represented petitioner filed a petition for a writ of habeas corpus seeking to have his conviction vacated, and in June, 2016, through counsel, he filed an amended habeas petition. Thereafter, in March, 2017, the petitioner was deported to Nigeria. Subsequently, on January 11, 2018, the petitioner, again through counsel, filed a second amended habeas petition seeking similar relief and alleging ineffective assistance of counsel predicated on the claim that his trial counsel, Egan, had failed to advise him adequately regarding the deportation consequences of his guilty plea to larceny in the second degree,3 an offense deemed an "aggravated felony" under the federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., which mandates deportation for such offenses in virtually all cases.4
At the habeas trial, the petitioner adduced testimony from several witnesses, including Egan, who testified that the petitioner's criminal case was relatively uncomplicated but that he...
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