129 Conn. App. 699
Conn. App. Ct.2011Background
- Robinson was convicted of second-degree assault, rioting at a correctional facility, and possession of a weapon in a correctional institution, plus being a persistent serious felony offender, resulting in a 45-year sentence.
- The Connecticut Supreme Court had affirmed the conviction in State v. Robinson, 227 Conn. 711, 631 A.2d 288 (1993).
- Robinson sought habeas relief claiming ineffective assistance of trial counsel and improper withholding of impeachment material from a correction officer's personnel records.
- The habeas court denied relief and declined to certify an appeal from that denial.
- On appeal, Robinson argues (i) trial counsel’s failure to call certain witnesses was ineffective and (ii) impeachment material from King’s personnel file should have been disclosed; res judicata is asserted to bar further review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance re: witness calls | Karpe failed to call Outlaws as witnesses. | Strategic trial decisions supported by investigation. | No deficient performance; trial strategy reasonable. |
| Impeachment information from King's file and res judicata | King's file contained impeachment material; denial impaired trial fairness. | Res judicata bars relitigation; Supreme Court previously held no abuse. | Res judicata bars habeas review; no abuse in denial. |
| Certification to appeal standard | Issues are debatable among jurists of reason. | No substantial debatable questions; certification properly denied. | No abuse of discretion; certification to appeal denied. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (two-prong standard for ineffective assistance)
- Conde v. Commissioner of Correction, 112 Conn.App. 451 (Conn. App. 2009) (strong presumption of trial strategy; defense counsel decisions evaluated reasonably)
- Diaz v. Commissioner of Correction, 125 Conn.App. 57 (Conn. App. 2010) (res judicata limits in habeas contexts for constitutional claims)
- Greene v. Commissioner of Correction, 123 Conn.App. 121 (Conn. App. 2010) (abuse of discretion standard for denial of certification to appeal)
- Simms v. Warden, 230 Conn. 608 (Conn. 1994) (standard for determining whether to grant habeas relief)
- State v. Robinson, 227 Conn. 711 (Conn. 1993) (Supreme Court affirmance of Robinson's conviction and discussion of evidence)
- DuPerry v. Kirk, 90 Conn.App. 493 (Conn. App. 2005) (defense counsel effectiveness standards in Connecticut)