Brown v. Commissioner of Correction, 161 Conn.App. 770

Randall Brown was convicted by a jury of felony murder, murder, robbery, and related firearms and conspiracy charges arising from a May 23, 2005 shooting; he received an effective 55‑year sentence. The conviction was affirmed on direct appeal (State v. Brown).
Brown filed an amended habeas petition alleging trial counsel Robert Meredith was ineffective for failing to fully investigate and call two alibi witnesses: Tonya Horne (girlfriend) and Pasquale Sanseverino (Action Auto seller).
Defense investigator Jennifer Lee contacted Horne and obtained notes indicating Brown and Horne were at Action Auto around sundown, stayed ~15–20 minutes, then dropped an amplifier at Brown’s mother’s house; Lee also obtained the amplifier receipt signed by Sanseverino dated May 23, 2005.
Trial counsel Meredith testified he investigated, reviewed Lee’s notes and a sunset/weather report, and concluded Horne’s and Sanseverino’s likely testimony would not place Brown at the murder time (8:55 p.m.)—leaving time to travel to the crime scene—so he declined to call them and focused on attacking the state’s case.
The habeas court credited Meredith’s explanation, found his investigation reasonable and his decision strategic (not deficient), and alternatively concluded Brown failed to show a reasonable probability of a different outcome had the witnesses testified.

Issue	Brown's Argument	Commissioner’s Argument	Held
Whether Meredith was ineffective for not further investigating or calling Tonya Horne as an alibi witness	Horne would have testified she was with Brown at Action Auto and/or with him all night, providing an alibi	Meredith reasonably relied on investigator notes showing they were at Action Auto near sundown for a short time, which would not cover the murder time; Horne’s relationship made her testimony weak	Court: Meredith’s investigation and strategic choice were reasonable; no deficient performance and no prejudice shown
Whether Meredith was ineffective for not calling Pasquale Sanseverino	Sanseverino would corroborate Brown’s presence at Action Auto at the relevant time and bolster Horne	Sanseverino’s testimony (store closing times and his estimate) would still place Brown earlier than 8:55 p.m.; it would not create a solid alibi	Court: Even assuming deficiency, Brown failed to show a reasonable probability of a different outcome; no reversible prejudice

State v. Brown, 299 Conn. 640 (Conn. 2011) (direct appeal of Brown’s convictions)
Gaines v. Commissioner of Correction, 306 Conn. 664 (Conn. 2012) (standards for ineffective assistance; counsel’s decisions evaluated at time made)
Anderson v. Commissioner of Correction, 313 Conn. 360 (Conn. 2014) (standard of review for habeas factual findings and mixed questions)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑pronged test: performance and prejudice for ineffective assistance claims)