Saucier v. Commissioner of Correction
139 Conn. App. 644
| Conn. App. Ct. | 2012Background
- Richard Saucier sought habeas corpus review after a denial of certification to appeal following the habeas court’s denial of his amended petition.
- The underlying conviction was on four of six counts of first degree sexual assault and one count of first degree kidnapping, resulting in a total sentence of 30 years plus 10 years of special parole.
- Trial counsel St. John purportedly failed to adequately cross-examine the DNA expert and to call a DNA expert regarding indirect DNA transfer; the habeas court found no prejudice.
- Appellate counsel Falk purportedly failed to brief a nonhearsay issue about the victim’s friend’s testimony; the habeas court found no deficient performance and no prejudice proven.
- The habeas court concluded Falk’s strategy to focus on the strongest claims was reasonable, and that the denial of certification to appeal was not an abuse of discretion.
- The appellate court affirmed the denial of certification and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| DNA evidence deficiency and prejudice | Saucier | St. John | No reasonable probability of different outcome |
| Appellate counsel's failure to brief nonhearsay issue | Saucier | Falk | No deficient performance and no prejudice shown |
| Abuse of discretion in denying certification to appeal | Saucier | State | No abuse; cert. to appeal properly denied |
Key Cases Cited
- State v. Saucier, 283 Conn. 207 (Conn. 2007) (affirmed conviction; procedural posture cited)
- State v. Saucier, 90 Conn. App. 132 (Conn. App. 2005) (aff'd, 283 Conn. 207 (2007))
- Orellana v. Commissioner of Correction, 136 Conn. App. 90 (Conn. App. 2012) (ineffective-assistance standard; prejudice prong)
- Axel D. v. Commissioner of Correction, 135 Conn. App. 428 (Conn. App. 2012) (strong presumption of reasonable assistance; deference to trial strategy)
- Farnum v. Commissioner of Correction, 118 Conn. App. 670 (Conn. App. 2009) (appellate-strategy decisions not easily second-guessed)
- Johnson v. Commissioner of Correction, 101 Conn. App. 465 (Conn. App. 2007) (abuse-of-discretion standard for habeas review)
- Perry v. Commissioner of Correction, 131 Conn. App. 792 (Conn. App. 2011) (reasonableness of discretion; balancing factors)