Dieudonne v. Commissioner of Correction
112 A.3d 157
Conn.2015Background
- Petitioner Fritzgerald Dieudonne was convicted of assaulting a police officer during an attempted restraint/arrest.
- Dieudonne filed a petition for a writ of habeas corpus alleging ineffective assistance of trial counsel for not presenting Jessie Boiteux as an eyewitness.
- Boiteux testified at the habeas proceeding, corroborating Dieudonne’s version and denying the assault or arrest resistance.
- The habeas court granted the petition, concluding both Strickland v. Washington prongs—deficient performance and prejudice—were satisfied.
- The Commissioner of Correction appealed, arguing the habeas court misapplied Strickland and weighed the evidence improperly.
- The Appellate Court affirmed, and the Supreme Court granted certiorari to address Strickland standards; the appeal was ultimately dismissed as improvidently granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Appellate Court properly apply Strickland standards? | Dieudonne asserts prejudice shown; Boiteux would have been credited. | Commissioner contends Strickland standard misapplied and totality weighed differently. | Appeal dismissed; certification improvidently granted. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes ineffective-assistance standard: performance and prejudice prongs)
- Dieudonne v. Commissioner of Correction, 141 Conn. App. 151 (2013) (Appellate Court affirmed correct Strickland standard and weighing of evidence)
