132 Conn. App. 806
Conn. App. Ct.2012Background
- Betancourt and accomplices planned and carried out a home invasion as described in State v. Betancourt; gun theft and related conduct occurred during the crime.
- Evidence showed the handgun stolen from the victim ended up in a drawer under Betancourt's daughter's bed; duct tape and other items tied to the crime were recovered.
- Police investigation linked Meteiver to the break‑in, led to Betancourt's apartment, and resulted in arrests of Buitrago, Torres, and Betancourt.
- Betancourt was convicted at trial of kidnapping in the first degree, burglary in the first degree, robbery in the second degree, and related conspiracy offenses.
- On direct appeal, Betancourt challenged prosecutorial impropriety; the appellate court rejected those claims, noting permissible inferences from evidence and no improper inflaming of passions.
- Betancourt then filed a habeas petition with five counts; the habeas court dismissed counts three, four, and five before trial on the remaining counts, and Betancourt appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the third count required an evidentiary hearing before dismissal | Betancourt alleges ineffective assistance for failure to file a motion in limine and prejudice. | No prejudice shown; dismissal appropriate under Practice Book § 23-29(5). | Dismissal proper without evidentiary hearing. |
Key Cases Cited
- Mercer v. Commissioner of Correction, 230 Conn. 88 (1994) (evidentiary hearing generally required before habeas dismissal unless exception applies)
- Fuller v. Commissioner of Correction, 75 Conn.App. 814 (2003) (habeas petitions subject to civil procedure rules unless superseded)
- Taylor v. Commissioner of Correction, 125 Conn.App. 624 (2010) (habeas practice governed by applicable rules)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard requiring prejudice)