227 Conn.App. 838
Conn. App. Ct.2024Background
- Rashad Moon was convicted after a jury trial for felony murder, robbery in the first degree, and conspiracy to commit robbery in the first degree, relating to the robbery and shooting of Felix DeJesus.
- The state's theory was that Moon and Marvin Mathis planned to rob the victim, but Mathis shot and killed him during the robbery; a third person, Thompson (T), was initially involved in planning but did not participate in the robbery.
- Mathis was subsequently tried separately and found not guilty by reason of mental disease or defect (insanity), based on expert testimony that he was schizophrenic and incapable of forming criminal intent at the time of the crime.
- Moon filed for a writ of habeas corpus, claiming actual innocence based on Mathis' subsequent acquittal by reason of insanity, arguing he could not have conspired with Mathis or committed the predicate robbery and therefore was not guilty of conspiracy, robbery, or felony murder.
- The habeas court denied Moon's claim and also denied certification to appeal; Moon appealed, and the appellate court reviewed both the certification issue and the merits of the actual innocence claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of certification to appeal | Certification should have been granted due to debatable actual innocence issue | Certification was proper as issues were not debatable | Court abused discretion; issues merited further review |
| Actual innocence—conspiracy, robbery, felony murder | Cannot be guilty because Mathis, found insane, could not agree/conspire or commit crimes | Mathis' acquittal irrelevant; sufficient evidence showed Moon planned/acted with Thompson too | Moon failed to meet burden; sufficient evidence of conspiracy and robbery with Thompson |
| Application of proper legal standard in habeas review | Habeas court improperly treated verdicts as separate/inconsistent; should use aggregate evidence | Relied on prior precedent about separate trials | Court must consider all evidence in aggregate in habeas; but outcome affirmed |
| Impact of Mathis' incapacity as newly discovered evidence | Mathis' insanity defense and acquittal was newly discovered and should absolve Moon | Evidence not newly discovered or insufficient to establish innocence | Presumed newly discovered, but aggregate evidence shows Moon not actually innocent |
Key Cases Cited
- State v. Colon, 257 Conn. 587 (no requirement of consistent verdicts in separate trials of alleged conspirators)
- State v. Grullon, 212 Conn. 195 (defendant cannot be guilty of conspiracy if only other member lacks criminal intent)
- Miller v. Commissioner of Correction, 242 Conn. 745 (articulates the two-prong standard for actual innocence in habeas)
- State v. McCarthy, 179 Conn. 1 (accessorial liability not excused if principal lacks criminal intent)
- State v. Davis, 255 Conn. 782 (robbery statute applies to both principals and accessories)
- State v. Young, 191 Conn. 636 (felony murder rule, definition of "in furtherance of")