141 Conn. App. 99
Conn. App. Ct.2013Background
- Martin was convicted of multiple drug offenses and received a combined twelve-year sentence, with one conviction to be vacated as part of appellate remand.
- On direct appeal, the judgment was affirmed in part and reversed in part, and the case was remanded to merge two marijuana convictions and vacate one sentence.
- Martin filed a second amended habeas petition alleging trial counsel Lafferty rendered ineffective assistance regarding Martin’s decision to testify in his own defense.
- The habeas court denied relief, finding no deficient performance by Lafferty after weighing the credibility of witnesses and the advice given.
- The appellate court granted certification and reviewed under Strickland’s performance and prejudice framework, deferring credibility determinations to the habeas court.
- Key factual dispute centered on whether Lafferty’s advice was deficient or whether Martin knowingly chose to testify after being advised of risks and impeachment exposure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lafferty’s performance was deficient | Martin claims Lafferty misadvised and failed to prepare him to testify. | Lafferty’s advice fell within reasonable professional conduct; petitioner decided to testify despite warnings. | No deficient performance; within range of reasonable professional assistance. |
Key Cases Cited
- Ortiz v. Commissioner of Correction, 92 Conn. App. 242 (2006) (Strickland standards govern habeas review)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes highly deferential standard for counsel performance)
- Sotomayor v. Commissioner of Correction, 136 Conn. App. 15 (2012) (plenary review of habeas claims with deference to trial court credibility)
- Corona v. Commissioner of Correction, 123 Conn. App. 347 (2010) (defines performance prong standard)
- Joseph v. Commissioner of Correction, 117 Conn. App. 431 (2009) (credibility determinations are appellate deference to habeas court)
- Johnson v. Commissioner of Correction, 218 Conn. 403 (1991) (habeas review can rely on either prong of Strickland)