146 Conn. App. 477
Conn. App. Ct.2013Background
- Petitioner Derek Person charged with robbery in the first degree on Oct 13, 2004; plea negotiated to a range offer: twenty years with execution suspended after ten as a cap, plus right to argue for less but not below five, with probation and conditions.
- Plea canvass showed petitioner stated adequate time to discuss with counsel, reviewed evidence and consequences, and was satisfied with representation; court found plea knowingly and voluntarily entered.
- Sentencing on Sep 29, 2005 imposed twenty years with nine years suspended and five years of probation.
- Petitioner filed amended habeas petition alleging trial counsel failed to advise about consequences of the range offer and that the state offered an alternative term-of-years plea.
- Habeas court found petitioner knew of both offers and that counsel thoroughly advised on the range offer; denied relief, reserving sentence-review issue.
- On appeal, the court reviews ineffective-assistance claims de novo on the law, with deference to habeas findings of fact and credibility; standard includes performance and prejudice prongs, per Frye and Ebron.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner knew of both plea offers before pleading guilty | Person argues Smith failed to inform him of the term-of-years offer | Respondent argues amended petition conceded knowledge; court credited Smith | Not clearly erroneous; petitioner knew of both offers |
| Whether Smith thoroughly advised petitioner about the range offer consequences | Petitioner says Smith could not recall specifics and provided only general testimony | Smith testified to advising of risks; habeas court found credibility in Smith | Not clearly erroneous; court credited Smith's credibility and practice of warning about range risks |
Key Cases Cited
- Vazquez v. Commissioner of Correction, 128 Conn. App. 425 (2011) (standard for reviewing habeas findings of fact and ineffective-assistance claims)
- Ebron v. Commissioner of Correction, 307 Conn. 342 (2012) (two-prong ineffective-assistance analysis; Frye framework)
- Missouri v. Frye, 132 S. Ct. 1399 (2012) (prejudice requires showing defendant would have accepted a favorable plea offer)
- Sanders v. Commissioner of Correction, 83 Conn. App. 543 (2004) (credibility determinations and inference drawing by habeas court)
- State v. Benjamin, 299 Conn. 223 (2010) (standard for appellate review of factual findings)