Hall v. Commissioner of Correction
124 Conn. App. 778
| Conn. App. Ct. | 2010Background
- Petitioner Ronald Hall pleaded guilty to possession of narcotics with intent to sell and, under Alford, to assault in the second degree as part of a plea agreement.
- Plea canvass showed petitioner was satisfied with trial counsel and discussed the plea with counsel.
- Sentence imposed: seven and one-half years with a five-year mandatory minimum; no direct-appeal challenge to plea.
- In 2009, petitioner filed an amended habeas petition alleging ineffective assistance of trial counsel for not advising about parole eligibility.
- Habeas trial court found no error and denied the amended petition; petitioner sought certification to appeal, which the court denied.
- The appellate court reviews de novo whether the habeas court abused its discretion in denying certification and whether the petition states a viable ineffective-assistance claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of certification to appeal was an abuse of discretion | Hall argues the issues are substantial and warrant appellate review | State argues no abuse; issues not debatable among jurists | No abuse; certification denial affirmed |
| Whether trial counsel's failure to advise about parole eligibility prejudiced the defense | Hall contends prejudice under Strickland-Hill because advice affected plea | State contends no prejudice; parole did not affect plea decision | Prejudice not shown; defense not rendered unreliable |
| Whether the plea was intelligent, voluntary, and knowing given alleged misadvice | Hernandez-like misadvice invalidates plea | No misadvice; parole eligibility not central to plea | Plea not rendered unintelligent due to lack of misadvice |
| Whether Hernandez is applicable to the present case | Hernandez supports invalidating plea due to gross misadvice | Hernandez distinguished because there was no misadvice here | Distinguished; Hernandez not controlling |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (two-prong test for ineffective assistance of counsel; prejudice standard in guilty-plea cases)
- Hill v. Lockhart, 474 U.S. 52 (U.S. Supreme Court, 1985) (modified prejudice standard for guilty plea cases)
- Gudino v. Commissioner of Correction, 123 Conn. App. 719 (Conn. App. 2010) (clarifies Strickland-Hill framework in Connecticut habeas cases)
- Lopez v. Commissioner of Correction, 119 Conn. App. 606 (Conn. App. 2010) (standard for abuse of discretion in granting petition for certification to appeal)
- Simms v. Warden, 230 Conn. 608 (Conn. 1994) (non-deferential standard for evaluating certification decisions)
- Hernandez v. Commissioner of Correction, 82 Conn. App. 701 (Conn. App. 2004) (gross misadvice on parole may render plea invalid)
- Williams v. Commissioner of Correction, 120 Conn. App. 412 (Conn. App. 2010) (defines direct consequences of a guilty plea)
- North Carolina v. Alford, 400 U.S. 25 (U.S. Supreme Court, 1970) (recognizes nolo contendere plea procedure in context of habeas)