Moye v. Commissioner of Correction, 145 A.3d 362

In 2005 John Moye (petitioner) was convicted of murder and carrying a pistol without a permit; convictions were affirmed on direct appeal except for one charge.
Moye filed a habeas petition alleging trial counsel Gary Mastronardi was ineffective for (inter alia) failing to request sequestration of witnesses and for other trial omissions.
At the habeas trial the parties admitted exhibits (including portions of the criminal trial transcript), the petitioner and Mastronardi testified, and one subpoenaed witness (Wilson) did not appear.
The habeas court orally denied the petition, stating it had read the petitioner’s pretrial brief but not all transcripts, found the petitioner’s testimony largely not credible, and determined counsel’s performance was not deficient or, alternatively, did not prejudice the outcome.
The court declined to issue a capias for the absent witness, concluding the subpoena service and tender of fees/statutory language were inadequate.
Petitioner sought certification to appeal; the habeas court denied certification and this appeal followed, which the appellate court dismissed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for not requesting sequestration	Moye: failing to request sequestration allowed witnesses to tailor testimony (e.g., Wilson learned victim was on phone) and prejudiced trial	Commissioner: decision not to seek sequestration is trial strategy; petitioner failed to prove deficient performance or prejudice	Court: No abuse of discretion — petitioner failed to overcome presumption that strategy was reasonable; no proven prejudice
Whether habeas court violated due process by not reading all admitted transcripts	Moye: court’s statement that it did not read all transcripts prevented full Strickland prejudice analysis of totality of evidence	Commissioner: claim unpreserved or court not required to read irrelevant portions; court reviewed relevant excerpts and briefs	Court: Claim preserved but no abuse — court read petitioner’s pretrial brief and relevant transcript portions; not required to read every page where claim was narrow
Whether court erred in refusing to issue capias for absent subpoenaed witness	Moye: subpoenaed Wilson; her failure to appear warranted capias to secure testimony	Commissioner: subpoena service was inadequate (left at abode, not personal) and fees/statutory language not tendered; no proof witness actually knew contents	Court: No abuse — record lacks adequate proof (e.g., offer of proof or exhibit) that Wilson received/substantively knew subpoena; issuance of capias properly denied

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance: deficient performance and prejudice)
Simms v. Warden, 229 Conn. 178 (Conn. 1994) (standard for appellate review when habeas court denies certification to appeal)
Toccaline v. Commissioner of Correction, 80 Conn. App. 792 (Conn. App. 2003) (decision not to request sequestration can be reasonable trial strategy)
Evans v. Warden, 29 Conn. App. 274 (Conn. App. 1992) (habeas court must read trial transcript when claim implicates sufficiency of evidence)
Hull v. Warden, 32 Conn. App. 170 (Conn. App. 1993) (extent of habeas court’s obligation to review transcript depends on claim scope)