Atkinson v. Commissioner of Correction
125 Conn. App. 632
| Conn. App. Ct. | 2010Background
- Atkinson was convicted in a consolidated trial of felony murder, robbery in the first degree, conspiracy to commit robbery in the first degree, attempted assault in the first degree, escape in the first degree and assault in the second degree; total sentence 95 years, which the Supreme Court upheld in State v. Atkinson, 235 Conn. 748 (1996).
- He filed a first petition for a writ of habeas corpus asserting innocence in fact and ineffective assistance of trial counsel Conroy for not impeaching witnesses and not calling alibi witnesses; a two-day evidentiary habeas trial occurred in 1999 after which the court denied the petition.
- McCoy represented him at the first habeas trial but failed to file a posttrial memorandum as required by the court; the court nonetheless issued a memorandum of decision addressing the merits.
- On November 2, 2004, Atkinson filed a second petition for a writ of habeas corpus alleging ineffective assistance of counsel for McCoy’s failure to file the memorandum; the petition was tried on November 12, 2008 with Atkinson proceeding pro se and introducing the grievance committee decision against McCoy as evidence.
- The habeas court denied the second petition and later denied certification to appeal; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of certification to appeal was an abuse of discretion | Atkinson | Commissioner | No abuse; petition denied |
| Whether McCoy’s failure to file a posttrial memorandum rendered the first petition ineffectively | Atkinson | Commissioner | Not established; no prejudice shown |
| Whether failure to file the memorandum prejudiced the outcome of the first petition | Atkinson | Commissioner | Prejudice not shown; no effect on merits |
Key Cases Cited
- State v. Weber, 221 Conn. 84 (1992) (ineffective assistance considered where failure to file brief; distinguishes from present case)
- Lozada v. Deeds, 498 U.S. 430 (U.S. Supreme Court 1991) (standard for establishing an ineffective assistance claim)
- Sastrom v. Mullaney, 286 Conn. 655 (2008) (two-prong test: performance and prejudice)
- White v. Commissioner of Correction, 58 Conn. App. 169 (2000) (appellate review of habeas determinations is plenary)
- Simms v. Warden, 230 Conn. 608 (1994) (abuse-of-discretion standard for certiorari on habeas appeals)