Castonguay v. Commissioner of Correction
16 A.3d 676
| Conn. | 2011Background
- Castonguay convicted in 1977 of capital felony and felony murder; sentenced in 1989 to 25 years to life under § 53a-35; offense date before July 1, 1981; § 53a-35b defines life as sixty years; habeas petition challenged how credits applied and the interpretation of life term.
- Habeas court held § 53a-35b does not apply to pre‑1981 life sentences; Meade v. Commissioner of Correction treated retroactivity differently.
- Petition for certification to appeal denied; issue centers on whether § 53a-35b applies to pre‑1981 life sentences imposed after 1981.
- Appellate review governed by Lozada framework; court must assess abuse of discretion and merits of underlying claims before reviewing merits of habeas petition.
- Court discusses Mead and retroactivity, noting life imprisonment means natural life for pre‑1981 offenses under the indeterminate scheme and that § 53a-35b applies only to post‑1981 definite life sentences.
- Conclusion: § 53a-35b does not apply to indeterminate life sentences for pre‑1981 offenses; appeal dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 53a-35b apply to pre‑1981 life sentences | Castonguay argues § 53a-35b defines life as sixty years and applies quasi‑retroactively | Commissioner contends Mead controls, § 53a-35b not retroactive for pre‑1981 offenses | No; § 53a-35b applies only to post‑1981 definite life sentences under § 53a‑35a. |
| Should Mead retroactivity extend to § 53a‑35b for pre‑1981 offenses | Mead's logic should apply to pre‑1981 offenses with post‑1981 sentencing | Mead controls; life means natural life for pre‑1981 offenses; no retroactive change | Mead remains controlling; § 53a‑35b not retroactive to pre‑1981 offenses. |
Key Cases Cited
- Mead v. Commissioner of Correction, 282 Conn. 317 (2007) (§ 53a‑35b not retroactive; life means natural life for pre‑1981 offenses)
- Williams v. Bronson, 24 Conn. App. 612 (1991) (credits do not apply to maximum term when life is natural life (indeterminate))
- Simms v. Warden, 229 Conn. 178 (1994) (abuse of discretion standard for certification; Lozada factors)
- Kaddah v. Commissioner of Correction, 299 Conn. 129 (2010) (standard for abuse of discretion; merits review)
- State ex rel. Gregan v. Koczur, 287 Conn. 145 (2008) (statutory interpretation; retroactivity principles)