Stevenson v. Comm'r of Corr.
Decision Date | 10 May 2016 |
Docket Number | No. 37559.,37559. |
Citation | 165 Conn.App. 355,139 A.3d 718 |
Court | Connecticut Court of Appeals |
Parties | Terrance STEVENSON v. COMMISSIONER OF CORRECTION. |
Stephen A. Lebedevitch, for the appellant (petitioner).
Leon F. Dalbec, Jr., senior assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Adrienne Maciulewski, assistant state's attorney, for the appellee (respondent).
DiPENTIMA, C.J., and LAVINE and KELLER, Js.
DiPENTIMA
, C.J.
The petitioner, Terrance Stevenson, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the court erred when it concluded that (1) the state did not commit a Brady1 violation and (2) there was no reasonable likelihood that the false testimony of a state's witness affected the judgment of the jury. We affirm the judgment of the habeas court.
The facts underlying the petitioner's conviction were recounted in this court's decision disposing of his direct appeal:
State v. Stevenson, 53 Conn.App. 551, 553–55, 733 A.2d 253
, cert. denied, 250 Conn. 917, 734 A.2d 990 (1999).
The habeas court found the following additional facts and provided the procedural history underlying this appeal. “Dolphin was the key state's witness against the petitioner, placing him at the scene of the crime and confirming his participation in the shooting and its planning. Thus, Dolphin's credibility was a key issue at the criminal trial.
“Dolphin testified as to one of these events in particular that he believed occurred on March 8, 1995, when he was transferred to the New Haven courthouse. On that date, he was threatened twice, once by Butler at the [New Haven Correctional Center] bull pen prior to being transferred to court and then later in the courthouse lockup by other inmates who roughed him up. When he returned to [the New Haven Correctional Center], Butler approached the petitioner and asked him ‘if he got the message.’
“The petitioner was convicted after a jury trial of murder as an accessory in violation of General Statutes §§ 53a–54a (a)
and 53a–8 and conspiracy to commit murder in violation of General Statutes §§ 53a–54a and 53a–48 (a). He was sentenced to sixty years in prison.
“The petitioner appealed his convictions ... [and the Appellate Court] rejected [his] claims and affirmed the convictions. [State v. Stevenson, supra, 53 Conn.App. at 553, 733 A.2d 253]. [Our]
Supreme Court denied [his] petition for certification. State v. Stevenson, 250 Conn. 917, 734 A.2d 990 (1999).
“The petitioner has brought two prior petitions for habeas relief, asserting claims that his trial counsel, habeas counsel and appellate counsel were all ineffective.... Both prior petitions were denied, and the decisions were affirmed on appeal. See Stevenson v. Commissioner of Correction, 112 Conn.App. 675, 963 A.2d 1077
, cert. denied, 291 Conn. 904, 967 A.2d 1221 (2009) ; Stevenson v. Commissioner of Correction, 67 Conn.App. 908, 792 A.2d 909, cert. denied, 260 Conn. 905, 795 A.2d 547 (2002).
“In this, the petitioner's third habeas petition, he claim[ed] that his constitutional right to due process was violated (1) as a result of the state's failure to disclose [department] documents that were material and exculpatory; and (2) by the prosecutor's failure to correct [Dolphin's] purported false testimony....” The court found that the petitioner had not proven either of his claims because the department was not an investigative arm of the state and there was no reasonable likelihood that Dolphin's false testimony could have affected the judgment of the jury. The petition for certification was granted by the court....
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...following day, the court issued an oral ruling denying the defendant's motion for sanctions. Relying on Stevenson v. Commissioner of Correction , 165 Conn. App. 355, 366, 139 A.3d 718, cert. denied, 322 Conn. 903, 138 A.3d 933 (2016), the court held that the department "is not an investigat......
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... ... merits of these issues. Day v. Comm'r of Corr. , ... 151 Conn.App. 754, 758-60, 96 A.3d 600, cert. denied, 314 ... Conn. 936, 102 ... marks and citations omitted.) Stevenson v. Commissioner ... of Correction , 165 Conn.App. 355, 364-65, 139 A.3d 718, ... cert ... ...
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