Stepney v. Commissioner of Correction
129 Conn. App. 364
Conn. App. Ct.2011Background
- Stepney appeals the habeas court’s denial of certification to appeal from its denial of his writ of habeas corpus following an amended petition alleging ineffective assistance of counsel.
- Stepney had been convicted of first-degree sexual assault, second-degree sexual assault, and risk of injury to a child based on events involving a 15-year-old victim in 2002.
- Stepney claimed ineffective assistance of counsel by attorney Claude Chong, raised in the amended petition filed June 5, 2009.
- The habeas court denied the habeas petition and denied certification to appeal on November 10, 2009.
- On appeal, Stepney contends the habeas court abused its discretion in denying certification and improperly concluded he had received effective assistance.
- The appellate court dismissed the appeal, holding the issues were not debatable among jurists and that trial-strategy determinations by counsel were reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the habeas court abused its discretion in denying certification to appeal. | Stepney argues denial was an abuse of discretion. | Commissioner (via Chong) argues no abuse; issues not debatable. | No abuse; denial affirmed. |
| Whether Chong provided ineffective assistance of counsel. | Stepney contends inadequate investigation and cross-examination related to DNA evidence and witnesses. | Chong’s decisions were trial strategy and not deficient. | Chong’s conduct not deficient; no prejudice established. |
Key Cases Cited
- Koslik v. Commissioner of Correction, 127 Conn.App. 801 (2011) (abuse of discretion standard for certifying appeal from habeas denial)
- Gooden v. Commissioner of Correction, 127 Conn.App. 662 (2011) (two-prong ineffective assistance test; prejudice required)
- Santiago v. Commissioner of Correction, 125 Conn.App. 641 (2010) (strong presumption of trial strategy; not to be second-guessed)