Crawley v. Commissioner of Correction
141 Conn. App. 660
Conn. App. Ct.2013Background
- Crawley appeals habeas court denials of certification to appeal from denials of writs of habeas corpus.
- In New Britain CR-02-?6620204495 he was convicted on two counts of possession with intent to sell; total sentence 30 years; upheld on direct appeal.
- In Manchester cases he was convicted of multiple narcotics and related offenses; total sentence 27 years, consecutive to New Britain term; no timely direct appeal filed.
- He alleged ineffective assistance of trial counsel Freeman for failing to present drug-dependency defense and for not preserving appellate rights.
- Habeas court, with state agreement, restored right to seek sentence review in New Britain and appellate rights for Manchester cases; found no prejudice from failure to raise drug dependency.
- Court concluded that even if deficient performance were assumed, no reasonable probability sentences would be lighter; increased potential sentences under drug-dependency defense were possible, not lighter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did trial counsel's failure to raise drug dependency prejudice the petitioner? | Crawley argues deficiency prejudiced him by potential lighter sentence if drug dependency were raised. | Freeman/State contend no prejudice since sentencing would not have yielded lighter outcomes. | No prejudice; uncertainty about lighter outcome defeats prejudice. |
| Whether the habeas court abused its discretion in denying certification to appeal absent debatable issues of reasoned jurist | Crawley asserts issues are debatable and deserve appeal. | State asserts issues lack debatable merit and not worthy of further appeal. | No abuse of discretion; issues not debatable or deserving of further review. |
Key Cases Cited
- Norton v. Commissioner of Correction, 132 Conn. App. 860 (2012) (standard for reviewing habeas decisions; plenary on constitutional claims)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong deficiency and prejudice standard)
- Trotter v. Commissioner of Correction, 139 Conn. App. 653 (2012) (reaffirms applicability of Strickland standard in Connecticut)
- Saucier v. Commissioner of Correction, 139 Conn. App. 644 (2012) (prejudice requirement; cumulative authority on habeas review)
- Greene v. Commissioner of Correction, 123 Conn. App. 121 (2010) (precedent on prejudice and reasonable probability of different outcome)
- Lafler v. Cooper, 132 S. Ct. 1376 (2012) (sentence-based prejudice standard)
- Missouri v. Frye, 132 S. Ct. 1399 (2012) (prejudice where better plea outcome could have occurred)
- Glover v. United States, 531 U.S. 198 (2001) (relevant to plea and sentence outcomes affecting prejudice)