180 Conn. App. 697
Conn. App. Ct.2018Background
- Derek Humble shot and killed Victor Blue at Melissa’s Market on March 24, 2004; charged in multiple cases including murder, firearm offenses and escape.
- Humble pleaded guilty under the Alford doctrine to murder and related charges and received a 30-year sentence as part of a global plea resolving multiple cases; no direct appeal was filed.
- Years later Humble filed an amended habeas petition alleging trial counsel Robert Meredith rendered ineffective assistance by failing to investigate eyewitnesses (Barclay, Rodriguez) and by misadvising him to accept the 30-year murder plea instead of going to trial on a self-defense theory.
- At the habeas trial, testimony established (a) some corroboration that a gun came from the victim (Ward), (b) Hartage identified Humble as the shooter, (c) Humble voluntarily confessed and admitted a prior robbery of the victim the night before, and (d) police never recovered a second gun or evidence of a second gun being fired.
- The habeas court found counsel had investigated, that the self-defense theory was risky (robbery the prior night, lack of recovered gun, eyewitness ID, confession), and that Humble failed to show prejudice under Strickland/Hill — i.e., no reasonable probability he would have rejected the plea and insisted on trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Counsel failed to investigate eyewitnesses supporting self-defense | Humble: Meredith did not interview Barclay and Rodriguez; their testimony would have corroborated a self-defense claim and avoided the guilty plea | State/Habeas Ct: Meredith knew of Ward’s corroboration, investigator attempted contacts, additional witnesses’ evidence would not overcome other damaging facts | Denied — petitioner failed to show prejudice; discovery of those witnesses would not likely have led him to reject the plea |
| Counsel misadvised re: plea / failed to give candid, reasonable advice | Humble: Meredith told him he had no defense and pressured him (via mother) to accept 30 years; counsel failed to advise objectively | State/Habeas Ct: Meredith presented risks and evidence; plea canvass established the plea was knowing and voluntary; strong incentive to accept global 30-year offer | Denied — no showing that but for counsel’s advice Humble would have insisted on trial; plea was voluntary and intelligent |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishing performance and prejudice test for ineffective assistance of counsel)
- Hill v. Lockhart, 474 U.S. 52 (applying Strickland prejudice inquiry to guilty-plea context)
- Simms v. Warden, 229 Conn. 178 (Conn. 1994) (standard for appellate review when habeas court denies certification to appeal)
- Lee v. United States, 137 S. Ct. 1958 (U.S. 2017) (discussion of prejudice showing when attorney error affects plea-vs-trial decision)
- Carraway v. Commissioner of Correction, 144 Conn. App. 461 (Conn. App. 2013) (prejudice standard for plea-based ineffective assistance claims)
- Barlow v. Commissioner of Correction, 150 Conn. App. 781 (Conn. App. 2014) (attorney's failure to offer advice re: plea as potential deficient performance)