Luurtsema v. Commissioner of Correction
12 A.3d 817
| Conn. | 2011Background
- Petitioner Peter Luurtsema was convicted on February 17, 2000, for attempted sexual assault in the first degree, kidnapping in the first degree, assault in the second degree, and a persistent dangerous felony offender designation, resulting in a 45-year total sentence.
- On direct appeal, Luurtsema argued the kidnapping conviction was unsupported because the restraint was incidental to the underlying assault.
- This court later decided Salamon and Sanseverino narrowing kidnapping liability, overruling Luurtsema’s broader construction of § 53a-92 (a)(2)(A).
- Luurtsema then filed a habeas petition challenging the legality of his kidnapping conviction and its PFO enhancement.
- The habeas court reserved two questions: (1) whether Salamon and Sanseverino apply in habeas; (2) whether they apply in his case; the court and parties jointly urged an affirmative answer.
- This Court answers both reserved questions affirmatively, permitting full retroactive application in Luurtsema’s case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Salamon and Sanseverino apply retroactively in habeas corpus | Luurtsema seeks retroactive application of Salamon/Sanseverino | State argues against full retroactivity, citing finality and policy concerns | Yes, Salamon and Sanseverino apply retroactively in habeas |
| Whether Salamon should be applied retroactively in Luurtsema’s case | Salamon narrows liability, warranting relief | Retroactive relief would undermine finality and efficient administration | Yes, Salamon should be fully retroactive in this case |
| Whether Salamon represents a clarification or a change in the law for retroactivity purposes | Salamon clarified the law, not a new penal rule | Salamon changed the law regarding kidnapping | Court treats Salamon as a clarifying interpretation for this purpose (no constitutional ruling reached) |
Key Cases Cited
- State v. Salamon, 287 Conn. 509 (2008) (interpreter of kidnapping statute narrowed scope of liability)
- State v. Sanseverino, 287 Conn. 608 (2008) (reaffirmed Salamon's retroactivity concerns in related conduct)
- State v. DeJesus, 288 Conn. 418 (2009) (retrospective retrial framework for cases tried under old standard)
- State v. Luurtsema, 262 Conn. 179 (2002) (direct appeal recognizing broader kidnapping liability prior to Salamon)