152 Conn.App. 702
Conn. App. Ct.2014Background
- Palmenta pleaded guilty (Alford) in two dockets in 2008; the court corrected misadvised plea terms and offered time to decide under correct terms.
- Cosgrove (public defender) replaced Thompson; pleas not discussed until January 2009.
- May 9, 2009, Palmenta entered open Alford pleas to all charges and admitted persistent offender status.
- August 7, 2009, Palmenta was sentenced to 30 years with 10 years suspended and 5 years probation.
- September 16, 2009, Palmenta filed a habeas corpus petition; amended petitions followed; the habeas court denied relief and declined certification.
- The appellate court upheld the denial of certification, concluding no deficient performance by counsel and no debatable issue warranting further review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s performance was deficient regarding 54-125a amendment notice | Palmenta | Cosgrove | No deficiency found |
| Whether Palmenta was prejudiced by counsel’s performance | Palmenta | Cosgrove | No reasonable probability of plea acceptance; no concession by court needed; certification affirmed |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (Supreme Court 1970) (valid plea despite professed guilt)
- Ebron v. Commissioner of Correction, 307 Conn. 342 (Conn. 2012) (two-prong ineffective assistance test applied)
- Lafler v. Cooper, 132 S. Ct. 1376 (U.S. 2012) (prejudice shown if plea rejection caused trial outcome differ)
- Missouri v. Frye, 132 S. Ct. 1399 (U.S. 2012) (prejudice shown if defendant would have accepted plea)
- Johnson v. Commissioner of Correction, 144 Conn. App. 365 (Conn. App. 2013) (two-prong standard applied in habeas appeals)
- Foote v. Commissioner of Correction, 151 Conn. App. 559 (Conn. App. 2014) (abuse of discretion standard for certification to appeal)
- Patterson v. Commissioner of Correction, 150 Conn. App. 30 (Conn. App. 2014) (debatable issues required for appellate review)
- Blake v. Commissioner of Correction, 150 Conn. App. 692 (Conn. App. 2014) (deficient performance and prejudice framework)