125 Conn. App. 759
Conn. App. Ct.2010Background
- Petitioner Tarrance Lawrence was convicted in 1999 of manslaughter in the first degree with a firearm, carrying a pistol without a permit, and tampering with physical evidence, following a trial where trial counsel requested a manslaughter in the first degree with a firearm instruction.
- The jury was instructed that if the state proved murder but Lawrence proved extreme emotional disturbance, he could be found guilty of manslaughter in the first degree with a firearm.
- On direct appeal, Lawrence challenged the presumption of innocence instruction and the conviction was affirmed.
- Lawrence later sought to correct an illegal sentence under Practice Book § 43-22, which the trial court and Supreme Court rejected for lack of jurisdiction.
- In 2006, Lawrence filed a petition for a writ of habeas corpus, later amended in 2008, alleging ineffective assistance of trial and appellate counsel for failing to challenge the § 53a-55a conviction.
- The habeas court granted summary judgment for the respondent, and denied certification to appeal; Lawrence appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prejudice from counsel's failure to challenge charge | Lawrence argues trial/appellate counsel were ineffective for not pursuing § 53a-55 claim. | Record shows no prejudice because § 53a-55a instruction was proper and supported by the information. | No prejudice shown; instruction proper and strategy not deficient. |
| Need for an evidentiary hearing before summary judgment | Petitioner contends an evidentiary hearing was required to resolve claims. | Record showed no genuine issue of material fact; hearing unnecessary. | No evidentiary hearing required; summary judgment proper. |
| Certification to appeal standard | Issues are debatable among jurists and deserving of further review. | No debatable or compelling issues exist to warrant certification. | Certification to appeal denied; petition dismissed. |
Key Cases Cited
- State v. Tomlin, 266 Conn. 608 (2003) (proper lesser included offense instruction when murder with firearm charged)
- State v. Rosario, 82 Conn.App. 691 (2004) (affirming lesser included offense instruction)
- State v. Ferreira, 54 Conn.App. 763 (1999) (support for lesser included offense theory)
- State v. Greene, 274 Conn. 134 (2005) (cases permitting lesser included offense instructions)
- Simms v. Warden, 230 Conn. 608 (1994) (abuse of discretion standard for certification to appeal)
- Figueroa v. Commissioner of Correction, 123 Conn.App. 862 (2010) (standard for review of habeas certification decision)
- Mitchell v. Commissioner of Correction, 93 Conn. App. 719 (2006) (entitlement to evidentiary hearing when appropriate)
- Newsome v. Commissioner of Correction, 109 Conn.App. 159 (2008) (summary judgment standard in habeas corpus)