Anderson v. Commissioner of Correction
98 A.3d 23
Conn.2014Background
- Oscar Anderson, petitioner, alleges ineffective assistance of trial counsel in a sexual assault case.
- Counsel did not introduce medical records showing history of sexually transmitted diseases or obtain victim’s medical records.
- No expert testimony was presented on transmission rates or likelihood of infection given repeated alleged encounters.
- Evidence included the nurse Kanz examination report showing tests for STDs, which counsel did not obtain.
- Petitioner informed counsel of prior treatment for STDs; trial counsel did not corroborate this with documentation or an expert.
- Appellate Court majority found no prejudice; dissent contends deficient performance undermines confidence in verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance prejudice under Strickland? | Anderson argues deficient counsel prejudiced him. | State contends no reasonable probability of different outcome. | Petitioner prejudiced; remand for habeas relief. |
| Failure to obtain medical records and expert testimony as deficient performance? | Counsel failed to investigate and present medical/history evidence. | Lack of culture-confirmed tests undermines the theory. | Deficient performance established; prejudice shown. |
| Impact of negative STD culture results on guilt assessment? | High transmission rates and repeated exposure could still support innocence. | Negative cultures and probabilistic testimony do not show prejudice. | Evidence could have created reasonable doubt; prejudice shown. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (two-prong test for ineffective assistance of counsel)
- Janulawicz v. Commissioner of Correction, 310 Conn. 265 (2013) (defines reasonable probability in prejudice prong)
- Bunkley v. Commissioner of Correction, 222 Conn. 444 (1992) (prejudice prong requires probability to undermine confidence in verdict)
- Small v. Commissioner of Correction, 286 Conn. 707 (2008) (overruled in part on other grounds; relevance to standard of review)
- Anderson v. Commissioner of Correction, 128 Conn. App. 585 (2011) (dissenting view on failure to investigate medical history)
- Gersten v. Senkowski, 426 F.3d 588 (2d Cir. 2005) (importance of medical testimony in sexual abuse cases)