Fine v. Commissioner of Correction, 163 Conn.App. 77

In 1992 Paul Fine pleaded guilty to murder (Conn. Gen. Stat. § 53a-54a) and first‑degree assault (§ 53a-59(a)(1)) after the state recited facts that he shot and killed Steven O’Drain and wounded Yvonne O’Drain, resulting in amputation; court accepted plea and sentenced him to 50 years.
Fine later filed a habeas petition (first amended petition filed Dec. 23, 2011) alleging ineffective assistance of counsel by public defender Gail Heller and her successor(s), and that his plea was not knowing, intelligent, and voluntary.
The respondent moved to dismiss based on a prior withdrawal with prejudice; the habeas court granted the motion but this court reversed and remanded for trial on the petition.
After an evidentiary hearing (trial Oct. 28, 2014), the habeas court found Fine’s plea knowing and voluntary, rejected his testimony that he was promised 40 years to serve, and found no deficient performance by counsel (Heller or her successor, Richard Perry).
Fine sought certification to appeal on the ground the court erred by treating ineffective assistance of “standby” counsel as non‑cognizable; the habeas court denied certification and Fine appealed.
This court dismissed the appeal: the petition for certification raised standby counsel (which was not the case), Fine did not raise the specific claim about Perry in the certification petition, and the habeas court’s credibility determination (rejecting Fine’s 40‑year claim) is entitled to deference.

Issue	Fine's Argument	Commissioner’s Argument	Held
Whether the habeas court abused its discretion in denying certification to appeal	Certification claimed error for denial of relief based on ineffective assistance of standby counsel; counsel later said ‘standby’ was a scrivener’s error and intended to raise Perry’s ineffectiveness during plea negotiations	Certification was properly denied because the petition raised standby counsel (not at issue) and did not present the specific Perry claim for certification	Denial of certification not an abuse of discretion; appeal dismissed
Whether counsel (Heller or Perry) provided ineffective assistance in connection with the guilty plea	Fine argued Perry ineffectively negotiated plea and told him he would serve 40 years (prejudice to guilty‑plea decision)	State argued plea was knowing and voluntary; habeas court found no deficient performance and rejected Fine’s testimony about 40 years	Court deferred to habeas court credibility findings and declined to review unpreserved claims; ineffective assistance claim fails

Simms v. Warden, 230 Conn. 608 (1994) (statutory certification requirement defines scope of appellate review)
Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong test for ineffective assistance of counsel)
Orcutt v. Commissioner of Correction, 284 Conn. 724 (2007) (appellate courts defer to habeas court credibility determinations)
Washington v. Commissioner of Correction, 287 Conn. 792 (2008) (prejudice standard for ineffective assistance when defendant pleaded guilty)
Carraway v. Commissioner of Correction, 317 Conn. 594 (2015) (reaffirming prejudice analysis for guilty pleas)