Bigelow v. Commissioner of Correction
2013 WL 5991687
Conn. App. Ct.2013Background
- Damon Bigelow faced multiple criminal and motor vehicle charges in the Connecticut Superior Court in 2008.
- Police seized heroin at Bigelow's condominium on September 26, 2008, prompting additional drug charges and a revised plea offer.
- Bigelow accepted the original plea offer after his attorney, Eugene Zingaro, helped restore it, resulting in a 40-year sentence with 15 years to serve and 5 years probation.
- In 2011, Bigelow filed an amended habeas petition alleging ineffective assistance of counsel based on a conflict of interest and inadequate plea advice.
- The conflict-of-interest claim centered on Zingaro's personal relationship and prior representation of Bigelow's brother, Byron Bigelow.
- The habeas court found no simultaneous representation and no personal conflict, and denied relief, which was upheld on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Zingaro's relationship with Byron Bigelow create an actual conflict? | Bigelow argues dual loyalty existed due to representation by Zingaro. | Zingaro did not represent Byron during Bigelow's plea; no simultaneous representation or conflict. | No actual conflict proven; no simultaneous representation. |
| Did the close personal relationship during the pendency constitute a conflict of interest? | Bigelow claims personal ties created conflict affecting representation. | Relationship began after Bigelow's case; no conflict during representation. | No conflict proven; no prejudice shown. |
Key Cases Cited
- Santiago v. Commissioner of Correction, 87 Conn. App. 568 (2005) (establishes standard for habeas review of ineffective assistance)
- Sastrom v. Mullaney, 286 Conn. 655 (2008) (habeas court deference to factual findings)
- Burgos-Torres v. Commissioner of Correction, 142 Conn. App. 627 (2013) (two-pronged test for conflict of interest in ineffective assistance)