Diaz v. Commissioner of Correction, 125 Conn. App. 57

Daniel Diaz was convicted of narcotics offenses and interfering with a police officer; sentenced to 18 years.
Diaz filed a habeas petition alleging ineffective assistance of trial counsel Hisham Leil.
Claims: (a) failure to object to an improper jury charge, (b) failure to call witness Rosado, (c) failure to test the narcotics or present odor evidence.
Habeas court held some claims barred by res judicata and found no prejudice from alleged deficiencies.
Appellate Court concluded res judicata was misapplied but upheld denial of habeas petition on the merits.
On review, court applied Strickland standard and affirmed denial of relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether res judicata barred the habeas claim	Diaz contends res judicata precludes habeas review of ineffective assistance.	Leil argues prior appeal precludes re-litigation of related issues.	Res judicata does not bar the claim; however, the petition fails on the merits.
Did trial counsel's failure to object to the improper jury comment prejudice the defense	Diaz argues prejudice under Strickland from failure to object.	Leil contends the error was harmless and not prejudicial.	Harmless error; no reasonable probability of different outcome.
Was trial counsel ineffective for not calling Rosado	Rosado could have provided exculpatory testimony.	Counsel reasonably deemed Rosado unnecessary and Diaz approved proceeding without him.	No deficient performance; record shows strategic decision with client's approval.
Was trial counsel ineffective for not obtaining independent testing or odor evidence	Independent testing or odor evidence could refute the narcotics claim.	Defense theory did not require independent testing; substance treated as narcotic.	No deficient performance; strategy consistent with defense theory and no showing testing would alter outcome.

State v. Diaz, 86 Conn. App. 244 (2004) (record of criminal appeal; factual background for direct-review context)
Mozell v. Commissioner of Correction, 291 Conn. 62 (2009) (two-prong Strickland test in habeas corpus claims)
Fernandez v. Commissioner of Correction, 86 Conn. App. 42 (2004) (preclusion principles when identical direct-appeal issues arise in habeas)
Faraday v. Commissioner of Correction, 107 Conn. App. 769 (2008) (improper plea canvass issue barred by res judicata after direct appeal)
Johnson v. Commissioner of Correction, 288 Conn. 53 (2008) (res judicata limitations in habeas context; identical claims on appeal)
Kearney v. Commissioner of Correction, 113 Conn. App. 223 (2009) (habeas limits when applying res judicata to constitutional claims)