Shipman v. Commissioner of Correction
161 A.3d 585
| Conn. App. Ct. | 2017Background
- Petitioner Somen Shipman was convicted of capital felony, two counts of murder, and conspiracy to commit murder in 2000 and sentenced to life without release.
- Direct appeal affirmed; later, in 2014-2015, Shipman filed a petition for a writ of habeas corpus asserting ineffective assistance of counsel and Brady/concealment claims.
- Habeas court denied the petition on December 14, 2015; certification to appeal was granted on December 23, 2015.
- On appeal, Shipman challenges trial counsel’s Batson peremptory challenge handling and the decision not to present two alibi witnesses.
- The issues center on whether counsel’s Batson handling was prejudicial and whether collateral estoppel barred consideration of alibi witness credibility.
- The appellate court ultimately affirms the habeas court, holding no prejudice from Batson handling and no error in not applying collateral estoppel to alibi testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Batson prejudice analysis | Shipman claims counsel’s Batson handling caused prejudice. | State contends no prejudice; reasons for strike were race-neutral and lacked discriminatory intent. | Batson claim fails; no reasonable probability of different trial outcome. |
| Alibi witnesses and collateral estoppel | Shipman argues collateral estoppel barred a full credibility assessment of alibi witnesses Rivera and Davila. | State argues collateral estoppel does not apply; trial counsel did not render ineffective assistance. | Collateral estoppel does not apply; habeas petition denied for alibi witness issue. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibits racially motivated peremptory challenges)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- State v. Dehaney, 261 Conn. 336 (Conn. 2002) (deference to trial court on discriminatory intent findings)
- Hall v. Commissioner of Correction, 124 Conn. App. 778 (Conn. App. 2010) (prejudice prong requires showing a reasonable probability of different outcome)
- Gaines v. Commissioner of Correction, 306 Conn. 664 (Conn. 2012) (alibi testimony and collateral estoppel considerations in habeas context)
- Fine v. Commissioner of Correction, 163 Conn. App. 77 (Conn. App. 2016) (credibility determinations left to trial court; appellate review deferential)