127 Conn. App. 309
Conn. App. Ct.2011Background
- Cox pleaded guilty under the Alford doctrine to murder, felony murder, second-degree assault with a firearm, and aiding and abetting manslaughter; total sentence 75 years.
- Crimes stemmed from four incidents, including Bergos murder, Kinlaw shooting, Rise shooting, and Martin shooting, with evidence including statements and eyewitness identifications.
- On August 6, 1998, Cox filed a revised habeas petition alleging trial counsel, Paul Carty, was ineffective in advising plea, that police reports were incomplete, and that he was under drugs at plea.
- Habeas court found no support for his claims, found Carty competent, noted Cox knew maximum 75 years, and held the plea was negotiated at Cox’s insistence; denied writ and certification.
- After a 2009 agreement restoring appellate rights, Cox appealed the denial of certification to appeal, arguing ineffective assistance under the two-prong Simms framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of certification to appeal was an abuse of discretion | Cox argues abuse of discretion. | Commissioner argues no abuse. | No abuse; denial affirmed. |
| Whether trial counsel's performance was deficient in advising the plea | Cox contends counsel failed to provide all information and coerced plea. | Carty testified Cox understood risks and pleaded knowingly. | Not deficient; performance met objective standard. |
| Whether Cox was prejudiced by counsel's alleged deficiencies | But-for counsel, Cox would have gone to trial. | No reasonable probability of different outcome. | No prejudice; no reasonable probability of trial if counsel had advised differently. |
Key Cases Cited
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (ineffective assistance in guilty pleas requires deficient performance and prejudice)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance)
- Baillargeon v. Commissioner of Correction, 67 Conn.App. 716 (Conn. App. 2002) (deficient performance and prejudice standard in Connecticut habeas appeals)
- Joseph v. Commissioner of Correction, 117 Conn.App. 431 (Conn. App. 2009) (habeas court credibility and plenary review on constitutional claims)
- Simms v. Warden, 229 Conn. 178 (Conn. 1994) (two-pronged test for appellate review of habeas denials)
- North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (plea of guilty while asserting innocence allowed if voluntary and intelligent)