Gaines v. Commissioner of Correction
125 Conn. App. 97
| Conn. App. Ct. | 2010Background
- Gaines was convicted of two murders, one capital felony, and conspiracy; sentenced to life without release; direct appeal affirmed.
- The Supreme Court described the shooting on Maplewood Avenue with two gunmen using .22 and .45 caliber weapons.
- Gaines filed a habeas petition claiming ineffective assistance of trial counsel for failing to investigate/present two alibi witnesses, Rivera and Davila.
- Habeas court credited Rivera and Davila as credible alibi witnesses and found counsel's failure to investigate prejudicial, warranting a new trial.
- On appeal, the respondent challenged the habeas court’s findings; the court reviews ineffective-assistance claims under Strickland with mixed questions of law and fact.
- The court ultimately held trial counsel was ineffective and that the alibi witnesses’ testimony likely would have changed the verdict, remanding for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failure to investigate alibi witnesses | Gaines | Schwartz did not have enough information to contact Rivera/Davila | Yes, counsel ineffective |
| Prejudice from failure to investigate alibi witnesses | Rivera/Davila would have provided alibi | State theory sufficient without them | Yes, reasonable probability of different outcome |
| Standard and scope of review for habeas ineffective-assistance claims | Proper deference to habeas findings | Standard should narrow review | Mixed question; Strickland applicable; deference affirmed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard; performance and prejudice prongs)
- Bryant v. Commissioner of Correction, 290 Conn. 502 (2009) (Strickland framework in Connecticut habeas proceedings)
- Moore v. United States, 432 F.2d 730 (1970) (adequate preparation and investigation importance)
- Lapointe v. Commissioner of Correction, 113 Conn.App. 378 (2009) (counsel's duty to investigate and explore avenues)
- Douros v. Commissioner of Correction, 111 Conn.App. 525 (2008) (credibility and habeas review of witness testimony)