Coward v. Commissioner of Correction
2013 Conn. App. LEXIS 339
Conn. App. Ct.2013Background
- Coward appeals denials of habeas petition and petition for certification to appeal after second amended petition alleging ineffective assistance of trial counsel.
- Conviction previously affirmed by state supreme court; jury convicted on multiple charges with manslaughter in Sedor death, capital felony and some counts not sustained at trial.
- Habeas petition alleged trial counsel Levy and Walkley provided ineffective assistance, including advising against testifying and failing to interview exculpatory witnesses.
- Habeas court denied petition and then denied certification to appeal; appellate review focuses on whether denial of certification was abuse of discretion and whether underlying claims are debatable among jurists.
- Court reviews ineffective assistance claims under Strickland v. Washington; appellate court defers to habeas court findings of credibility and trial strategy; standard requires both deficient performance and prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether not calling Coward as a witness was ineffective assistance | Coward | Levy/Walkley | Not shown to be deficient or prejudicial |
| Whether failure to investigate Taylor as exculpatory witness was ineffective | Coward | Levy/Walkley | Not demonstrated as deficient or prejudicial |
| Whether the habeas court abused its discretion in denying certification to appeal | Coward | State | Appeal dismissed; no debatable issues warranting certification |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Supreme Court-1984) (establishes two-prong test for ineffective assistance)
- Vazquez v. Commissioner of Correction, 128 Conn. App. 425 (Conn. App. 2011) (requires showing both deficient performance and prejudice)
- Henderson v. Commissioner of Correction, 129 Conn. App. 188 (Conn. App. 2011) (discusses right to testify and trial strategy considerations)
- Orellana v. Commissioner of Correction, 135 Conn. App. 90 (Conn. App. 2012) (explains strong presumption of reasonable trial strategy)
- Rosado v. Commissioner of Correction, 129 Conn. App. 368 (Conn. App. 2011) (frames standard for abuse of discretion in certification decisions)
- Simms v. Warden, 230 Conn. 608 (Conn. 1994) (criteria for abuse of discretion in habeas context)