129 Conn. App. 325
Conn. App. Ct.2011Background
- Jackson convicted of attempt to murder, first-degree assault, attempted first-degree assault, and firearm possession; total 20-year term.
- On habeas, Jackson alleged trial counsel was ineffective for not objecting to a self-defense instruction.
- Jackson claimed he told counsel he did not want the self-defense instruction because it would undermine his actual-innocence defense.
- Counsel testified the self-defense instruction was raised sua sponte by the court and was supported by trial evidence as a viable alternative theory.
- Habeas court found no deficient performance and approved presenting inconsistent defenses as good trial strategy.
- Appellate court dismissed the petition for certification to appeal, affirming denial of relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance: trial counsel’s failure to object to self-defense instruction | Jackson argues counsel erred by not objecting to self-defense, undermining innocence | Jackson's counsel acted strategically; self-defense instruction was proper and beneficial | No deficient performance; instruction strategy acceptable |
| Abuse of discretion in denying certification to appeal | denial of certification was an abuse of discretion | denial was justified; issues were not debatable | No abuse of discretion; certification denied |
| Standard of review for ineffective assistance in habeas context | Strickland prong requires deficient performance and prejudice | Counsel's decisions were tactical with reasonable basis | Petition fails under Strickland; no prejudice shown |
Key Cases Cited
- State v. Nathan J., 294 Conn. 243 (2009) (defendant may present inconsistent defenses to the jury)
- State v. Person, 236 Conn. 342 (1996) (defenses may coexist; not depriving right to other defenses)
- Levine v. Manson, 195 Conn. 636 (1985) (trial counsel decisions not evidence of incompetence)
- Simms v. Warden, 230 Conn. 608 (1994) (abuse-of-discretion standard for certification; breadth of review)
- Griffin v. Commissioner of Correction, 119 Conn.App. 239 (2010) (burden of self-defense instruction on state beyond reasonable doubt)
- Gonzalez v. Commissioner of Correction, 124 Conn.App. 740 (2010) (Strickland test applies in habeas context; need both prongs)
- Morant v. Commissioner of Correction, 117 Conn. App. 279 (2009) (Strickland prejudice element in habeas)