Smith v. Commissioner of Correction
62 A.3d 554
Conn. App. Ct.2013Background
- Petitioner Joshua Smith appeals habeas court denial of his third amended habeas petition.
- Underlying murder conviction: first-degree murder, 1994 Norwalk shooting, with eyewitness identifications by McKoy and Heron.
- Petitioner alleged ineffective assistance of trial counsel for failing to investigate/present witnesses and evidence.
- Petitioner alleged a Brady violation for failure to disclose exculpatory crime-scene photographs.
- Habeas court denied petition, certifying appeal; the issue on appeal concerns effectiveness of counsel and Brady materiality, among others.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance – failure to investigate/present witnesses | Smith argues counsel failed to locate/present witnesses to impeach eyewitnesses | Sherman contends investigators acted reasonably; witnesses’ testimony would not have changed outcome | Denied; no reasonable probability of different trial result |
| Counsel’s duty to investigate after alibi deemed unviable | Counsel abandoned investigation once alibi failed | Investigation continued within reasonable strategic bounds; alibi viability did not end duty to investigate | Denied; habeas court’s approach consistent with Strickland's prejudice inquiry |
| Brady violation – failure to disclose crime-scene photographs | Photographs were exculpatory and could undermine McKoy’s testimony | Photographs not material; not likely to alter trial fairness | Denied; missing photographs not material to Brady analysis |
| Abandoned claim – counsel failed to advise sentence review | Petitioner was deprived of information on sentence review eligibility | Claim not developed at habeas trial; deemed abandoned | Abandoned; no reviewable issue |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard: deficient performance and prejudice)
- Bryant v. Commissioner of Correction, 290 Conn. 502 (Conn. 2009) (witness credibility and third-party culpability considerations)
- Pommer v. Commissioner of Correction, 125 Conn. App. 519 (Conn. App. 2010) (prejudice/treatment of witnesses in ineffective-assistance claims)
- Nieves v. Commissioner of Correction, 61 Conn. App. 615 (Conn. App. 1999) (standard for evaluating claimed missing witnesses)
- Greene v. Commissioner of Correction, 96 Conn. App. 864 (Conn. App. 2006) (credibility determinations governing habeas review)
- Morant v. Commissioner of Correction, 117 Conn. App. 279 (Conn. App. 2009) (materiality/ impeachment evidence in Brady context)
- State v. Wilcox, 264 Conn. 441 (Conn. 2000) (Brady materiality framework)