149 Conn. App. 494
Conn. App. Ct.2014Background
- In March 2006, a string of armed robberies occurred in Norwich and Montville; witnesses described the assailants and vehicle.
- Police stopped a vehicle matching descriptions; a drive-by show-up led to the petitioner's arrest.
- Delvecchio was charged with multiple offenses, including four counts of robbery first degree, larceny second degree, and firearms offenses, plus probation violation.
- His family hired Attorney Cary, who disclosed the petitioner’s mental health history and sought suicide watch; Cary routinely checked the state file during pretrial.
- A plea offer was extended: ten years imprisonment followed by five years special parole; Cary advised accepting it; the petitioner pleaded guilty to two robbery counts and admitted probation violation, later converted to Alford pleas.
- Before sentencing, Cary withdrew; Wagman was appointed, filed a motion to vacate pleas, and the court sentenced Delvecchio to ten years plus five years special parole; appellate counsel withdrew.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective in plea and Alford process | Delvecchio claims deficient performance by Cary and Wagman during plea/Alford proceedings. | Counsel's decisions were sound strategy; no prejudice shown. | No reasonable probability of different outcome; no ineffective assistance. |
Key Cases Cited
- Gaines v. Commissioner of Correction, 306 Conn. 664 (2012) (establishes mixed question standard and prejudice prong for ineffective assistance)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test: deficient performance and prejudice)
- Hill v. Lockhart, 474 U.S. 52 (1985) (modified prejudice standard for guilty plea cases)
- Copas v. Commissioner of Correction, 234 Conn. 139 (1995) (defines prejudice standard for guilty pleas in Connecticut)
- Carraway v. Commissioner of Correction, 144 Conn. App. 461 (2013) (prejudice assessment when there is a plea based on anticipated testimony)
- Davis v. Commissioner of Correction, 147 Conn. App. 343 (2013) (peers mixed question of law and fact in ineffective assistance review)
- North Carolina v. Alford, 400 U.S. 25 (1970) (permitting guilty plea while maintaining innocence under certain conditions)