162 Conn.App. 109
Conn. App. Ct.2015Background
- Petitioner pleaded guilty on August 12, 2008, to first-degree robbery, possession of narcotics, and attempted larceny in the fourth degree.
- Sentence: nine years’ incarceration followed by ten years of special parole.
- Amended habeas petition alleged ineffective assistance of counsel, judicial error, and prosecutorial misconduct.
- Habeas court denied the petition and found petitioner waived his claim of ineffective assistance of counsel.
- Petitioner challenged the waiver, arguing counsel’s ineffective assistance related to failure to pursue an insanity defense.
- Court held the guilty plea was voluntary, knowing, and intelligent, and any such ineffective assistance was waived unless intertwined with the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether waiver of IAC claim was proper | Mincewicz argues waiver was not proper because counsel’s ineffective assistance affected his decision to plead guilty. | The State argues the waiver was proper because the plea was knowing and voluntary and interrelated IAC claims are waived. | Waiver proper; IAC claim waived unless intertwined with plea. |
| Whether counsel’s actions to pursue insanity defense render plea involuntary | IAC prevented a valid insanity defense influencing plea. | Record shows decision to plead guilty was made with knowledge and willingness, independent of Morgan’s report. | No reversal; plea remains knowing, voluntary, and intelligent. |
| Whether counsel’s failure to provide all records to expert undermines insanity defense | Missing records to Morgan could have changed recommendation. | Petitioner failed to show reliance on records or that additional records would have altered outcome. | Waived; insufficient showing of altered confidence in plea. |
Key Cases Cited
- State v. Niblack, 220 Conn. 270 (1991) (pre-plea challenges waived by guilty plea)
- State v. Madera, 198 Conn. 92 (1985) (waiver when plea valid if voluntary and intelligent)
- Buckley v. Warden, 177 Conn. 538 (1979) (plea validity requires awareness of consequences; waiver of IAC if intertwined with plea)
- Dukes v. Warden, 161 Conn. 337 (1971) (interrelationship between ineffective assistance and plea affects waiver rule)
- Grant v. Commissioner of Correction, 121 Conn. App. 295 (2010) (review of habeas petition is plenary for legal conclusions and deferential for factual findings)
- Fine v. Commissioner of Correction, 147 Conn. App. 136 (2013) (habeas court factual findings afforded deference unless clearly erroneous)