Boyd v. Commissioner of Correction
130 Conn. App. 291
| Conn. App. Ct. | 2011Background
- Boyd was convicted after a jury trial of sexual assault in the first degree, kidnapping in the first degree, and assault in the third degree, with an overall sentence of eighteen years, suspended after fourteen, followed by twenty-five years of probation.
- The offenses arose from an incident in fall 1999 at a Connecticut boarding school where Boyd, employed to provide dining services, supervised the sixteen-year-old victim and sexually assaulted her in the pot room on a lower level.
- On direct appeal, this court affirmed in part and overruled parts on other grounds; the Kemah decision later affected related aspects of the direct appeal.
- Boyd filed a petition for a writ of habeas corpus; the habeas court granted certification to appeal from its denial of the amended petition, and this court affirmed the habeas court’s judgment.
- The two asserted ineffective-assistance claims against trial counsel Donald O’Brien were (1) failure to object to two statements by the prosecution’s expert witness (psychiatrist Lucy Puryear) and (2) failure to conduct an independent investigation or obtain photographs of the crime-scene area; the court applied Strickland and evaluated under deferential standard for trial strategy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failure to object to expert testimony | Boyd argues O’Brien should have objected to Puryear’s statements. | O’Brien testified he chose to cross-examine rather than object, as the statements supported credibility challenges. | No deficiency; cross-examination strategy reasonable under the circumstances. |
| Ineffective assistance for lack of site photographs and independent investigation | Lack of clarifying photographs and independent investigation harmed defense presentation. | Counsel used other evidence (layout testimony, time cards) to counter credibility; not required to photograph every area. | No deficiency; strategy within reasonable professional judgment given the record. |
Key Cases Cited
- State v. Boyd, 89 Conn.App. 1 (2005) (direct appeal; factual context cited for background (overruled on other grounds by Kemah))
- Golding v. State, 213 Conn. 233 (1989) (four-pronged test for constitutional error not preserved at trial)
- Diaz v. Commissioner of Correction, 125 Conn.App. 57 (2010) (clear standard for showing ineffective assistance in habeas corpus)
- Johnson v. Commissioner of Correction, 285 Conn. 556 (2008) (prompt investigation required but not every lead must be pursued)
- Mitchell v. Commissioner of Correction, 109 Conn.App. 758 (2008) (trial strategy presumed reasonable; hindsight not enough)
- Williams v. Commissioner of Correction, 120 Conn. App. 412 (2010) (strong presumption of reasonable professional assistance)
- Joseph v. Commissioner of Correction, 117 Conn. App. 431 (2009) (credibility determinations within habeas court’s purview)
- Smith v. Commissioner of Correction, 122 Conn.App. 637 (2010) (plenary review of legal conclusions; factual findings deferential)
- Harris v. Commissioner of Correction, 126 Conn.App. 453 (2011) (two-pronged Strickland test; need both prongs)