H. P. T. v. Commissioner of Correction
127 Conn. App. 480
| Conn. App. Ct. | 2011Background
- In 2002 the state charged H.P.T. in two informations with multiple counts including sexual assault, assault, and risk of injury to a child.
- Pretrial representation was by Thompson Page who did not arrange an interpreter and did not advise H.P.T. to accept the court’s plea offer.
- During a July 31, 2003 pretrial conference, the court offered a sentence of 20 years with a nine-year execution term and 20 years of probation; the state offered 25 years with the same terms; the prosecutor did not clearly accept or reject the court’s offer.
- H.P.T. rejected both offers in September 2003; Page withdrew in October 2003 and H.P.T. later was represented by Georgetti and Bonanno at trial.
- In 2004 a jury convicted H.P.T. on several counts and he was sentenced to 23 years with 13 to serve and 10 years of probation; his direct appeal was unsuccessful.
- H.P.T. then filed a habeas petition alleging ineffective assistance of Page at pretrial, especially regarding communications about the court’s offer; the habeas court vacated the sentence in part and resentenced to reflect the plea offer, while leaving the conviction intact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Page’s pretrial representation prejudicial under Strickland | H.P.T. argues failure to translate/explain the court’s offer deprived him of understanding and thus prejudiced him. | There is no substantive right to a plea offer; prejudice requires a proven effect on the outcome. | Yes; prejudice shown; remedy to reflect the rejected plea offer is appropriate. |
| Whether the remedy fashioned by the habeas court was proper given separation-of-powers concerns | Remedy aligns with ensuring effective counsel when pretrial errors occur. | Remedy risks improper governmental intrusion; must be narrowly tailored. | Remedy approved as commensurate with constitutional violations. |
Key Cases Cited
- Ebron v. Commissioner of Correction, 120 Conn.App. 560 (2010) (prejudice shown where deficient pretrial performance led to rejection of favorable plea offer)
- Glover v. United States, 531 U.S. 198 (2001) (any actual jail time can have Sixth Amendment significance)
- United States v. Morrison, 449 U.S. 361 (1981) (habeas relief tailored to remedy constitutional violations)
- Sanders v. Commissioner of Correction, 83 Conn.App. 543 (2004) (remedy may reflect pending plea offer rejected due to ineffective assistance)
- Brooks v. Commissioner of Correction, 105 Conn.App. 149 (2008) (court may tailor relief commensurate with constitutional violations)