Perry v. Commissioner of Correction
131 Conn. App. 792
| Conn. App. Ct. | 2011Background
- Perry was convicted after a 2005 jury trial of first-degree assault and attempted first-degree assault, receiving a 23-year term with 10 years mandatory and 10 years of special parole.
- The Connecticut Appellate Court affirmed the conviction in State v. Perry, 108 Conn. App. 788, 949 A.2d 537 (2008).
- In 2009, Perry filed an amended habeas petition alleging ineffective assistance of trial counsel.
- After an evidentiary hearing, the habeas court recessed and then, in the absence of Perry’s counsel, orally denied the petition from the bench.
- Perry sought certification to appeal from the habeas judgment; his application to appeal cited only an application for waiver of fees and asserted DNA evidence was not presented.
- The trial court denied certification to appeal; the appellate court dismissed the petition for certification, concluding Perry failed to show abuse of discretion or a meritorious underlying claim on the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of certification to appeal was an abuse of discretion | Perry | Commissioner | No abuse; appeal dismissed |
| Whether the bench ruling in the absence of counsel violated Perry’s due process | Perry | Commissioner | Not reviewed; claim not preserved for certification appeal |
| Whether trial counsel's decision not to pursue DNA testing constituted ineffective assistance | Perry | Commissioner | No ineffective assistance; decision was strategic and reasonable given evidence |
Key Cases Cited
- Simms v. Warden, 229 Conn. 178 (1994) (two-pronged test for habeas review)
- Simms v. Warden, 230 Conn. 608 (1994) (continued articulation of standards)
- Petaway v. Commissioner of Correction, 49 Conn. App. 75 (1998) (abuse of discretion standard for certification review)
- Griffin v. Commissioner of Correction, 119 Conn.App. 239 (2010) (debatable issues or need for further review test)
- Nicholson v. Commissioner of Correction, 93 Conn.App. 116 (2006) (ineffective assistance framework under Strickland)
- Logan v. Commissioner of Correction, 125 Conn.App. 744 (2010) (preservation and review limits for habeas claims)