Gonzalez v. Commissioner of Correction
127 Conn. App. 454
| Conn. App. Ct. | 2011Background
- Gonzalez pleaded guilty on October 18, 2002 to sexual assault in the first degree, kidnapping with a firearm, and attempted murder.
- Sentence on December 13, 2002: sixty years, execution suspended after twenty, and thirty-five years of probation; represented by attorney Kimberly Colfer.
- Gonzalez filed a second amended habeas petition on February 6, 2009 alleging ineffective assistance of counsel for failure to advise about plea consequences and inadequate pretrial investigation.
- Habeas court denied the petition and declined to certify for appeal; the appellate court reviews the denial under Simms v. Warden standards.
- The appellate court held two main issues: (a) failure to investigate; (b) awareness of sentencing/probation implications of the plea; both addressed through Strickland/Hill standards and harmless error analysis.
- Court concluded no abuse of discretion in denying certification and found the sentencing-implications issue harmless error; appeal dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether habeas certification was abused in denying appeal | Gonzalez argues counsel's ineffectiveness and investigation flaws merited review | Respondent contends denial was proper given lack of debatable issues | No abuse of discretion; certification denied |
| Whether trial counsel's failure to investigate prejudiced the plea | Colfer's inadequate pretrial investigation could have changed plea outcome | Petitioner failed to show what evidence would have altered decision to plead guilty | Prejudice not demonstrated; no reversible error |
| Whether counsel failed to ensure awareness of sentencing/probation terms affected plea | Petitioner was not adequately informed of sentencing consequences | Petitioner understood terms; counsel and court canvass confirmed knowledge | Harmless error; no reversal on this issue |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes deficient performance and prejudice requirement)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard for guilty-plea ineffective assistance claims)
- Farnum v. Commissioner of Correction, 118 Conn. App. 670 (2009) (discusses standards for ineffectiveness and prejudice in habeas context)
- Gudino v. Commissioner of Correction, 123 Conn. App. 719 (2010) (applies Hill prejudice framework to plea-based claims)
- Crocker v. Commissioner of Correction, 101 Conn. App. 133 (2007) (competent pretrial investigation part of effective assistance)
- Holley v. Commissioner of Correction, 62 Conn. App. 170 (2001) (burden to show benefit of additional investigation)
- Anderson v. Commissioner of Correction, 114 Conn. App. 778 (2009) (interpretation of pleadings and habeas civil nature; harmless error applicable)
- United States v. Green, 882 F.2d 999 (5th Cir. 1989) (prejudice evaluation in ineffective assistance analysis)
- Simms v. Warden, 229 Conn. 178 (1994) (two-pronged test for reviewing habeas certification decisions)