223 Conn.App. 152
Conn. App. Ct.2024Background
- Glen S., the petitioner, pleaded guilty under the Alford doctrine to sexual assault in a cohabiting relationship following allegations from his girlfriend.
- He later filed a habeas corpus petition arguing his trial counsel was ineffective for letting him plead guilty while under the influence of prescription drugs, allegedly affecting his ability to make a knowing and voluntary plea.
- At the habeas trial, petitioner attempted to call Sam Romowi as a character witness to testify about his truthfulness; the court sustained a relevancy objection to this testimony.
- The evidence at the habeas trial consisted solely of the petitioner’s own testimony and the transcript of the original plea hearing.
- The habeas court denied the petition, finding no deficiency in counsel’s performance and lacking credible evidence that medication impaired the plea; it also denied certification to appeal, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abuse of Discretion in Denying Certification to Appeal | Court erred in denying petition for certification to appeal | Petitioner failed to show any debatable or substantial issue | No abuse; petitioner did not meet required standards |
| Improper Exclusion of Character Witness | Romowi’s testimony was relevant to credibility, key for prejudice under Strickland | Romowi had no connection to relevant events; not relevant to plea hearing or ineffective assistance | Exclusion was proper; testimony was immaterial and untimely |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (1970) (permits guilty plea without admitting guilt if evidence likely to result in conviction)
- Strickland v. Washington, 466 U.S. 668 (1984) (sets standard for ineffective assistance of counsel)
- Carraway v. Commissioner of Correction, 144 Conn. App. 461 (2013) (prejudice standard in plea context under Strickland)
