Griffin v. Commissioner of Correction
2012 WL 3079220
Conn. App. Ct.2012Background
- Griffin appeals habeas judgment denying relief and seeks certification to appeal from denial of writ of habeas corpus.
- Trial proceeded on sexual assault in the first degree under § 53a-70(a)(1); jury conviction and 20-year term with suspended portion and probation.
- Direct appeal affirmed; court described extensive assault by petitioner against victim in October 2002.
- Habeas petition filed Nov. 8, 2006; amended through 2010; trial occurred May 12, 2010.
- Habeas court applied Strickland v. Washington two-prong test and denied relief; certification to appeal granted.
- This court affirms, concluding defense strategy and requested instructions were not deficient or prejudicial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to object to inadmissible hearsay | Griffin argues objecting would have undermined credibility | Caine chose strategic tolerance to highlight inconsistencies | No ineffective assistance; strategy permissible |
| Whether admitting the victim's written statement was ineffective assistance | Statement bolstered the state's case and prejudiced Griffin | Statement highlighted inconsistencies and aided credibility evaluation | Not ineffective; within trial strategy and no prejudice |
| Whether failure to request a Smith consent instruction amounted to ineffective assistance | Smith instruction required to negate coercion by suggesting lack of consent | No evidence warranted Smith; instruction not mandatory | Not ineffective; no reasonable probability of different outcome |
Key Cases Cited
- State v. Smith, 210 Conn. 132 (Conn. 1989) (establishes Smith instruction standards for consent in sexual assault)
- State v. Jeffrey, 220 Conn. 698 (Conn. 1991) (when Smith may be appropriate; not mandatory here)
- State v. Kulmac, 230 Conn. 43 (Conn. 1994) (consent instruction considerations under Jeffrey/Smith framework)
- State v. Cotton, 77 Conn. App. 749 (Conn. App. 2003) (Smith instruction not mandatory even if suggested)
- State v. Blango, 103 Conn. App. 100 (Conn. App. 2007) (limitations on mandatory Smith instruction)
- Ham v. Commissioner of Correction, 301 Conn. 697 (Conn. 2011) (standard for reviewing ineffective assistance; deference to counsel's strategy)
- Boyd v. Commissioner of Correction, 130 Conn. App. 291 (Conn. App. 2011) (prejudice prong requires reasonable probability of different outcome)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-pronged test for ineffective assistance of counsel)