Rosado v. Commissioner of Correction
2011 Conn. App. LEXIS 381
Conn. App. Ct.2011Background
- Rosado was convicted by jury on September 10, 2004 of attempt to commit first-degree assault and criminal possession of a firearm, with an eighteen-year sentence consecutive to another sentence.
- This court previously affirmed the conviction in State v. Rosado, 107 Conn.App. 517 (2008).
- Rosado filed a habeas petition on October 13, 2006, amended later, alleging ineffective assistance of trial counsel regarding a speedy trial issue.
- On direct appeal, Rosado challenged a speedy trial dismissal motion; the trial court denied the motion for lack of speedy trial.
- The habeas court denied relief, finding no deficient performance by trial counsel regarding the speedy trial issue, and Rosado sought certification to appeal.
- The appellate court upheld the habeas court’s denial of certification, reviewing under Strickland and concluding the claim lacked merit and certification was unwarranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective regarding the speedy-trial issue. | Rosado | Rosado | No ineffective assistance found; certification denied. |
| Whether the habeas court abused its discretion in denying certification to appeal. | Rosado | Rosado | No abuse; issues not debatable among jurists or capable of reversal. |
Key Cases Cited
- Koslik v. Commissioner of Correction, 127 Conn. App. 801 (Conn. App. 2011) (Strickland standard governs ineffective assistance review)
- Strickland v. Washington, 466 U.S. 668 (Sup. Ct. 1984) (two-prong test for deficient performance and prejudice)