Alterisi v. Commissioner of Correction
2013 WL 4419107
Conn. App. Ct.2013Background
- 1997: appellate court affirmed conviction on five counts of first-degree sexual assault and six counts of risk of injury to a child.
- 2000: habeas court denied first petition, affirmed on appeal in 2002.
- 2010: second habeas petition filed in three counts; first count dismissed as successive; remaining two counts proceeded to trial.
- Underlying facts: in 1990–92 petitioner lived with girlfriend and her two sons; sons disclosed sexual abuse beginning Feb. 1993; police interviews and videotaped testimony with drawings and threats described.
- Petitioner admitted to prior statements and polygraph context; trial defense argued lack of sufficient proof and challenged police investigation; petitioner declined polygraph onset.
- Habeas court denied relief; appellate and habeas challenges analyzed under Strickland and related state standards; judgment affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective appellate counsel for not raising prosecutorial impropriety | Alterisi; Casaie ineffective for not raising misconduct | Casaie chose strongest, preserved issues; no reversible error | Appellate strategy reasonable; no prejudice shown |
| First habeas counsel ineffective for failing to challenge Donovan's conduct | Palmieri ineffective for not alleging Donovan ineffectiveness | Tactical decisions supported; not unreasonable | Palmieri's strategy reasonable; no ineffective assistance |
| Palmieri ineffective for not challenging Donovan on nineteen-women cross-examination | Donovan's failure to object to prior cross-exam questions | Strategic choice not to pursue weak claim; did not prejudice | Tactical decision reasonable; no ineffective assistance |
Key Cases Cited
- State v. Golding, 213 Conn. 233 (1989) (establishesGolding framework for constitutional claims in state habeas)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes deficient performance and prejudice standard)
- Lozada v. Commissioner of Correction, 223 Conn. 834 (1992) (heavily influences burden for habeas claims citing counsel ineffectiveness)
- Orellana v. Commissioner of Correction, 135 Conn. App. 90 (2012) (preserves reasonableness of trial strategy; deference to counsel decisions)
- State v. Williams, 204 Conn. 623 (1987) (Williams factors used to assess prosecutorial impropriety claims)
- State v. Stevenson, 269 Conn. 663 (2004) (supreme court guidance on prosecutorial impropriety standards)
- Johnson v. Commissioner of Correction, 131 Conn. App. 805 (2011) (limits appellate review of tactical decisions)
- DaEria v. Commissioner of Correction, 107 Conn. App. 539 (2008) (discusses strategic counsel decisions in habeas context)