Staton v. Commissioner of Correction
148 Conn. App. 427
Conn. App. Ct.2014Background
- Petitioner Terrell Staton was convicted at a bench trial of reckless endangerment, interfering with a police officer, operating an unregistered vehicle, improper use of a marker, and failing to obey a traffic signal.
- At trial the driver of the vehicle was identified as Staton by Officer Pederson, who pursued the suspect after the vehicle fled the scene.
- Staton claimed his friend Warren Battle was the driver and sought habeas relief, asserting ineffective assistance of counsel for not calling Battle and for not obtaining a capias.
- Battle had given inconsistent statements and memory issues; he ultimately did not testify after being subpoenaed and instructed to obtain counsel.
- The habeas court denied the petition; Staton was denied certification to appeal, and the appellate court dismissed the appeal.
- The court held Staton failed to show that counsel’s failure to call Battle prejudiced the outcome; Pederson’s testimony supporting Staton as the driver remained credible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was trial counsel's failure to call Battle ineffective assistance prejudicing Staton? | Battle would have exculpated Staton. | No reasonable probability the result would change without Battle. | No; no prejudice shown, ineffective assistance claim fails. |
| Did the habeas court abuse its discretion in denying certification to appeal? | Issues are debatable and warrant appellate review. | No debatable issues; certification was properly denied. | No abuse of discretion; certification denial affirmed. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Supreme Court 1984) (establishes the two-prong ineffective assistance standard)
- Maldonado v. Commissioner of Correction, 141 Conn. App. 455 (Conn. App. 2013) (defers to habeas judge on credibility; standard review)
- Alcena v. Commissioner of Correction, 146 Conn. App. 370 (Conn. App. 2013) (appellate review of ineffective assistance in habeas corpus)
- Varchetta v. Commissioner of Correction, 146 Conn. App. 744 (Conn. App. 2013) (prejudice prong requires reasonable probability of different outcome)
- Linarte v. Commissioner of Correction, 147 Conn. App. 500 (Conn. App. 2014) (abuse of discretion standard in habeas appeals)