Coltherst v. Commissioner of Correction
340 Conn. 920
| Conn. App. Ct. | 2021Background:
- Coltherst was convicted in two separate 1999 incidents: a Hartford carjacking/murder (trial affirmed on direct appeal) and a Wethersfield/New Britain robbery and shooting of Michael Clarke; sentences were lengthy and consecutive (Hartford ~80 yrs; New Britain ~85 yrs).
- At the Hartford trial Coltherst testified and, on cross-examination, opened the door to evidence about the Wethersfield/New Britain incident; counsel O’Brien represented him there.
- At the New Britain trial Coltherst was convicted of kidnapping in the first degree with a firearm and other offenses; counsel Conroy represented him there; Coltherst claimed a 70‑year plea offer existed that counsel failed to convey.
- In habeas proceedings Coltherst raised three surviving claims: (1) O’Brien ineffective for not adequately advising/preparing him about testifying in Hartford; (2) Conroy ineffective for failing to advise about the 70‑year plea in New Britain; and (3) his New Britain kidnapping conviction violated due process because the jury was not instructed under State v. Salamon to decide whether the restraint exceeded what was necessary to commit the related offenses.
- The habeas court rejected all three claims; on appeal the court affirmed, finding no deficient performance by trial counsel and that the absence of a Salamon instruction was harmless under the Salamon factors as applied (and consistent with Banks).
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether O’Brien provided ineffective assistance by inadequately advising/preparing Coltherst about testifying at the Hartford trial | O’Brien only briefly discussed testifying and did not warn that Coltherst’s testimony could open the door to New Britain evidence; had he known, he would not have testified or would have been better prepared | O’Brien met extensively with Coltherst, testified credibly about what he would normally advise; decision to testify was Coltherst’s; counsel could not predict Coltherst’s untruthful testimony | Denied — counsel presumed competent; habeas court credited O’Brien; no deficient performance shown |
| Whether Conroy provided ineffective assistance by failing to convey/advise about a 70‑year plea offer in the New Britain case | Coltherst would possibly have accepted the plea if informed, avoiding trial and harsher sentence | No evidence a firm 70‑year plea offer existed or that the trial court would have accepted it; Coltherst’s equivocal “possibly” is insufficient to show prejudice | Denied — petitioner failed to prove prejudice (no reliable proof of a firm offer or court acceptance; acceptance probability not shown) |
| Whether the kidnapping conviction violated due process because the jury was not instructed per Salamon to determine if restraint exceeded that necessary to commit related crimes | The restraint could have been incidental to the robbery and, without a Salamon instruction, jury might have convicted improperly | The movement/restraint occurred after taking property and was intended to facilitate escape, giving it independent criminal significance; applying Salamon factors (and Banks), instruction omission was harmless beyond a reasonable doubt | Denied — Salamon error harmless; restraint had independent criminal significance and would not have changed the verdict |
Key Cases Cited
- State v. Salamon, 949 A.2d 1092 (Conn. 2008) (kidnapping requires intent to prevent liberation beyond what is necessary to commit another crime; jury must assess independent criminal significance using enumerated factors)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑pronged ineffective assistance test: performance and prejudice)
- Banks v. Commissioner of Correction, 339 Conn. 1 (Conn. 2021) (applying Salamon: when restraint occurs after and to facilitate escape from a robbery, Salamon factors usually favor independent criminal significance; harmless‑error standard clarified)
- Brecht v. Abrahamson, 507 U.S. 619 (U.S. 1993) (harmless‑error standard: reversal required if error had substantial and injurious effect or influence on verdict)
- Ebron v. Commissioner of Correction, 53 A.3d 983 (Conn. 2012) (in plea‑offer prejudice analysis, petitioner must show he probably would have accepted the offer and the court would have accepted the plea)
- Luurtsema v. Commissioner of Correction, 12 A.3d 817 (Conn. 2011) (Salamon applies retroactively in habeas challenges)
- State v. Coltherst, 820 A.2d 1024 (Conn. 2003) (direct appeal affirming Hartford convictions)