Jackson v. Commissioner of Correction
149 Conn. App. 681
| Conn. App. Ct. | 2014Background
- Petitioner Marquis Jackson challenged a habeas corpus petition challenging a criminal conviction for armed robbery and related offenses.
- Habeas court denied amended petition; counts included ineffective assistance, confrontation errors, due process, and actual innocence.
- Trial occurred with Moscowitz as counsel; Pallet letter and Pallet note introduced by the state over defense objection.
- Petitioner sought withdrawal of the amended petition; court considered withdrawing with prejudice, later allowed withdrawal only if prejudicial.
- Habeas court found no ineffective assistance, no due process violation, and no clear/convincing evidence of actual innocence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Moscowitz ineffective for trial-strategy decisions? | Moscowitz failed to strike prejudicial notes and failed to investigate. | Moscowitz weighed probative value vs prejudice. | No; decisions were reasonable trial strategy. |
| Did Moscowitz err by not pursuing alibi witnesses? | Alibi witnesses Spann, Madden, Ransome, Gilliam, Dennis would support alibi. | Witnesses would not clarify the crucial time window; alibi incomplete. | No; testimony not likely to establish complete alibi. |
| Was third-party culpability evidence properly pursued? | Third-party suspects matched descriptions and should be shown as possible culprits. | Insufficient direct connection; merely possible linkage isn’t enough. | No; defense failed to show admissible, corroborative third-party evidence. |
| Was the actual innocence claim improperly analyzed? | Recantations plus other evidence show actual innocence. | Gould standard requires clear and convincing affirmative innocence evidence. | No; petitioner did not prove actual innocence by clear and convincing evidence. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes performance and prejudice prongs for ineffective assistance)
- Henderson v. Commissioner of Correction, 80 Conn. App. 499 (2003) (limits on appellate review of habeas claims; trial record scrutiny)
- Holley v. Commissioner of Correction, 62 Conn. App. 170 (2001) (reasonableness of trial strategy in evaluating counsel’s conduct)
- Gould v. Commissioner of Correction, 301 Conn. 544 (2011) (actual innocence requires affirmative, newly discovered evidence)
- Bryant v. Commissioner of Correction, 290 Conn. 502 (2009) (third-party culpability evidence requires direct connection)
- State v. Hedge, 297 Conn. 621 (2010) (admissibility of third-party culpability evidence; corroboration)