AXEL D. v. Commissioner of Correction
135 Conn. App. 428
| Conn. App. Ct. | 2012Background
- Warrant issued July 21, 1994 for sexual assault in the first degree and risk of injury to a child; petitioner lived in Massachusetts at that time and later moved to California and Florida before returning to Massachusetts in 2002.
- Arrested September 17, 2002 on three counts of sexual assault in the first degree and three counts of risk of injury to a child.
- Massachusetts attorney admitted pro hac vice; Connecticut sponsoring counsel engaged; motion to dismiss filed October 7, 2003 due to lapse in statute of limitations.
- Plea negotiations yielded a plea of nolo contendre to one count of risk of injury to a child on March 24, 2004; sentence: 10 years, suspended, with five years of probation; no lifetime sex offender registration.
- Petition for habeas corpus filed December 4, 2007; amended petition in 2009 alleging ineffective assistance of counsel and involuntary plea; respondent denied relief.
- Habeas court denied relief after evidentiary hearing; petitioner sought certification to appeal, which was denied; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failure to pursue dismissal based on statute of limitations | Petitioner contends trial counsel misled him and should have moved to dismiss under §54-193a. | Respondent argues counsel reasonably pursued plea strategy; delay did not render representation deficient. | No reversible error; counsel's strategy deemed reasonable and not deficient. |
| Voluntariness of plea | Petitioner claims plea was involuntary due to counsel's misrepresentations. | Habeas court found plea knowing and voluntary; canvass was thorough. | Plea voluntary; no reversal." |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard; two-prong test)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice prong modified for guilty pleas)
- Johnson v. Commissioner of Correction, 288 Conn. 53 (2008) (Strickland applied to Connecticut habeas; plea-related prejudice)
- Crawford, 202 Conn. 443 (1987) (tolled statute of limitations; reasonableness of delay in executing warrant)
- Tuck v. Commissioner of Correction, 123 Conn.App. 189 (2010) (mixed questions of law and fact; standard for appellate review of ineffective assistance)