164 Conn.App. 244
Conn. App. Ct.2016Background
- In 1989 Kevin Stanley was tried and convicted of murder for shooting Javin Green; the jury found him guilty and he was sentenced to 60 years; Connecticut Supreme Court affirmed on direct appeal in State v. Stanley.
- Over many years Stanley filed multiple habeas petitions alleging ineffective assistance of trial and appellate counsel and prosecutorial impropriety; earlier habeas petitions largely were denied or dismissed as successive or without merit.
- The fourth habeas petition alleged successive habeas counsel were ineffective for failing to claim trial counsel Leo Ahern was ineffective for not procuring the testimony of a purported alibi/witness, Greg McCoy.
- At the habeas trial McCoy testified he was 13 at the time, did not see the shooting, did not see Stanley or witness Brenda Clark that day, and had criminal convictions; the habeas court found McCoy not credible.
- The habeas court concluded that even if McCoy's testimony were credited it would not establish prejudice because McCoy did not see the shooting and thus would not undermine eyewitness testimony (Clark and Page) or Stanley’s own pretrial statement placing himself at the scene.
- The habeas court denied the amended petition; Stanley appealed. The appellate court affirmed, applying Strickland and deferring to the habeas court’s credibility findings and prejudice analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether habeas counsel were ineffective for failing to claim trial counsel was ineffective for not calling Greg McCoy | Stanley: McCoy would have testified he was not present with Stanley at the shooting and would rebut Clark's ID; failure to raise that claim was ineffective | Commissioner: McCoy's testimony was not credible and, even if believed, would not have altered the outcome because he did not see the shooting and other evidence placed Stanley at scene | Court: Denied—habeas court credited lack of credibility and found no prejudice under Strickland |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong deficient performance and prejudice test for ineffective assistance of counsel)
- State v. Stanley, 223 Conn. 674 (Conn. 1992) (direct appeal affirming conviction and summarizing eyewitness testimony and petitioner’s statement)
- Sanchez v. Commissioner of Correction, 314 Conn. 585 (Conn. 2014) (trial court is sole arbiter of witness credibility; appellate deference to factual findings)
- Perez v. Commissioner of Correction, 150 Conn. App. 371 (Conn. App. 2014) (recitation of Strickland standard in Connecticut habeas context)
- Mukhtaar v. Commissioner of Correction, 158 Conn. App. 431 (Conn. App. 2015) (noting high burden to show ineffective assistance across successive petitions)
- Crocker v. Commissioner of Correction, 126 Conn. App. 110 (Conn. App. 2011) (claims against habeas counsel fail if underlying trial counsel claims lack merit)
- Lapointe v. Commissioner of Correction, 113 Conn. App. 378 (Conn. App. 2009) (petitioner must show both habeas counsel and trial counsel were ineffective to prevail)