Corbett v. Commissioner of Correction
133 Conn. App. 310
Conn. App. Ct.2012Background
- In June 2004 shots were fired into the victim's apartment; she identified petitioner and Phillip Scott outside around 11 p.m. on June 19, 2004.
- Scott, arrested later that day, possessed a gun linked to the shooting and testified petitioner gave him the gun and told him to dispose of it after the shooting.
- In Sept. 2006, Corbett pled guilty in three cases under Alford doctrine to narcotics possession with intent to sell, two firearm offenses, two counts of reckless endangerment, and threatening in the second degree.
- In Oct. 2006, several self-represented motions to withdraw the pleas were denied; petitioner received a total effective sentence of 16 years, suspended after seven, plus three years of probation.
- Petitioner did not file a direct appeal; in April 2009 he filed a third amended habeas petition alleging actual innocence (except narcotics), and ineffective assistance claims.
- Respondent raised res judicata and procedural-default defenses; habeas court denied the petition; petitioner sought and was granted certification to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner proved actual innocence by clear and convincing evidence | Petitioner argues new witnesses establish innocence | Respondent contends credibility issues and evidence do not meet standard | Petitioner failed to meet the actual innocence standard |
| Whether Byrd's testimony could be admitted under the residual exception | Byrd's statements are admissible as residual hearsay | Not reasonably necessary and lacking reliability for residual exception | Court properly excluded Byrd's testimony under residual exception |
Key Cases Cited
- Baillargeon v. Commissioner of Correction, 67 Conn.App. 716 (2002) (establishing actual innocence standard for Alford plea)
- Vazquez v. Commissioner of Correction, 128 Conn.App. 425 (2011) (clarifying clear and convincing standard and new evidence requirements)
- Sargent v. Commissioner of Correction, 121 Conn.App. 725 (2010) (deference to habeas court on witness credibility)
- Charlton v. Commissioner of Correction, 51 Conn.App. 87 (1998) (credibility befits habeas context; weighing testimony)
- State v. Middlebrook, 51 Conn.App. 711 (1999) (unavailability definitions for hearsay rules; residual analysis)