Green v. Commissioner of Correction
160 A.3d 1068
| Conn. App. Ct. | 2017Background
- In 2009 Green pleaded guilty to three counts of first‑degree assault (firearm) after shooting three men; he entered open pleas on counsel Wayne Keeney’s advice and was sentenced to 20 years.
- Green later filed a habeas petition (Feb. 2015) claiming (1) ineffective assistance because Keeney misadvised him about plea offers and sentencing consequences, and (2) his pleas were not knowing/voluntary because the trial court did not ask whether he was on medication that could impair his faculties.
- At the habeas trial both Keeney and Green testified about plea negotiations: the state had offered 20 years suspended after 15 (with probation/conditional discharge), which Green rejected on counsel’s advice; Keeney had proposed a counteroffer of 7–8 years that Green refused as too high.
- The habeas court found Green failed to prove prejudice under Strickland/Ebron (i.e., no reasonable probability he would have accepted the prior offer) and found no credible evidence Green was impaired by medication during the plea.
- The habeas court denied relief and certified the appeal. The Appellate Court affirmed, holding Green failed the prejudice prong and that Connecticut law does not require courts to ask about medication absent notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for plea advice | Keeney gave deficient advice about plea offers and urged open pleas, causing Green to reject a better deal | Counsel reasonably evaluated a strong case and negotiated; Green rejected a 7–8 year counteroffer, showing he would not have accepted the state’s offer | Denied — Green failed the prejudice prong (no reasonable probability he would have accepted the prior offer) |
| Plea not knowing/voluntary due to medication | Trial court’s failure to ask about medication rendered plea unknowing and involuntary; court should adopt practice of asking | No statutory or Supreme Court precedent requires an inquiry into medication absent notice; canvass substantially complied with Practice Book | Denied — plea was knowing/voluntary; courts are not required to inquire about medication unless circumstances/notice demand it |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two‑pronged ineffective assistance test)
- Ebron v. Commissioner of Correction, 307 Conn. 342 (prejudice standard for rejected plea offers)
- State v. Ocasio, 253 Conn. 375 (trial court not required to inquire about medication during plea canvass)
- Boykin v. Alabama, 395 U.S. 238 (guilty plea must be knowing and voluntary)
- Missouri v. Frye, 566 U.S. 134 (defense counsel’s duty regarding plea offers)