Davis v. Commissioner of Correction
140 Conn. App. 597
Conn. App. Ct.2013Background
- Davis was convicted after a 1994 pursuit; the gun found had a loaded chamber and no prints were found on it but eyewitness testimony supported possession.
- On direct appeal, this court reversed certain convictions but not all.
- Davis filed a first habeas petition which was decided in 2000; he later proceeded as self-represented with standby counsel Rigat.
- Davis filed a second amended habeas petition in 2010 alleging ineffective assistance of trial and habeas counsel and due process claims for alleged Brady/Giglio violations and destruction of evidence.
- The second habeas court dismissed some counts, denied the petition, and Davis was granted certification to appeal in October 2010; the appellate court affirms the ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of habeas counsel in the first proceeding | Davis claims Rigat was unprepared and failed to pursue evidence. | Rigat was adequately prepared; Davis did not show inadequacy. | No reversible error; first habeas counsel acted adequately. |
| Brady violation—suppressed favorable evidence at criminal trial | Benson’s report showing no fingerprints on the gun was Brady material. | No suppression; report was not favorable and not exculpatory. | Brady claim failed; no suppression and no favorable material established. |
| Standby counsel ineffective assistance claim | Standby counsel failed to obtain independent forensic expert assistance. | There is no constitutional right to standby counsel or its effective assistance. | Claim conceded; no basis to prevail; standby-counsel issue not discussed further. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (two-pronged standard for ineffective assistance)
- Lapointe v. Commissioner of Correction, 138 Conn. App. 454 (Conn. App. 2012) (two-step analysis for ineffective habeas claims)
- Siemon v. Stoughton, 184 Conn. 547 (Conn. 1981) (adequate pretrial investigation prerequisite)
- Trotter v. Commissioner of Correction, 139 Conn. App. 653 (Conn. App. 2012) (Strickland prejudice standard applied in habeas context)
- Quintana v. Commissioner of Correction, 55 Conn. App. 426 (Conn. App. 1999) (materiality of Brady evidence; reasonable probability standard)
- State v. Turner, 62 Conn. App. 376 (Conn. App. 2001) (lack of fingerprint evidence not exculpatory where eyewitnesses support possession)