Dennis v. Commissioner of Correction
134 Conn. App. 520
| Conn. App. Ct. | 2012Background
- Andre Dennis challenged his ten criminal convictions via a habeas petition, asserting lack of Sixth Amendment counsel for six self-represented cases, after four cases were represented by private counsel; the plea agreement resolved all ten cases, with Ferguson representing four; the court failed to appoint counsel for the six remaining cases and did not properly canvass the waiver of counsel; a subsequent plea withdrawal request prompted review of counsel status and contemporaneous representations; the habeas court found procedural default and that Ferguson provided de facto counsel, then denied relief.
- Dennis initially had public defender for bond purposes; he privately retained Ferguson for four cases; six other cases proceeded with apparent self-representation but no full canvass under Practice Book § 44-3; a plea offer settled all ten cases, and Dennis sought to withdraw pleas later.
- A later investigation revealed a lack of factual basis for a charged offense in a case where Dennis was unrepresented; the state moved to correct the illegal sentence, and the remaining plea terms stayed intact.
- The habeas court determined Dennis elected self-representation while also having some counsel; the appellate court disagreed and found Dennis did not knowingly waive counsel, and that he was deprived of effective assistance of counsel across the ten cases.
- The court ordered the entire plea agreement vacated and the habeas petition granted, remanding for further proceedings to vindicate the right to counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether procedural default bars the Sixth Amendment claim | Dennis shows lack of counsel external to default | Dennis had some counsel; default applies | Not barred; external-cause standard applies |
| Whether Ferguson was de facto counsel for all ten cases | Ferguson provided effective assistance in all relevant files | Ferguson merely conveyed offers in six cases | De facto representation not established; no effective assistance |
| Whether Dennis knowingly and intelligently waived the right to counsel | Waiver occurred without proper § 44-3 canvass | Canvass under § 39-19 sufficed | Waiver not knowingly and intelligently made; § 44-3 not satisfied |
| Whether the violation of the right to counsel requires prejudice analysis or structural error applies | Right to counsel violated; prejudice need not be shown | Prejudice analysis required | Violation constitutes structural error; prejudice not required |
| Appropriate remedy on remand for lack of counsel | Grant habeas relief and vacate entire plea | Remedy not specified beyond relief for counsel issue | Vacate entire plea and grant habeas; remand for further proceedings |
Key Cases Cited
- Solek v. Commissioner of Correction, 107 Conn.App. 473 (Conn. App. 2008) (standard for cause and prejudice in default)
- Murray v. Carrier, 477 U.S. 478 (U.S. 1986) (external factor for cause to excuse default)
- Jackson v. Commissioner of Correction, 227 Conn. 124 (Conn. 1993) (cause and prejudice framework cross-reference)
- State v. T.R.D., 286 Conn. 191 (Conn. 2008) (valid waiver inquiry under Practice Book § 44-3)
- State v. Diaz, 274 Conn. 818 (Conn. 2005) (waiver of right to counsel when representing oneself)
- Copas v. Commissioner of Correction, 234 Conn. 139 (Conn. 1995) (pretrial negotiations and right to counsel)
- State v. Alicea, 41 Conn.App. 47 (Conn. App. 1996) (plea bargain unraveling when ineffective counsel)
- State v. Coleman, 48 Conn. App. 260 (Conn. App. 1998) (withdrawal of pleas within bargain unravels plea)