Walker v. Commissioner of Correction, 171 A.3d 525

Walker was tried for two counts of first‑degree assault (firearm) and one count of conspiracy; jury acquitted him of the assault counts and convicted on conspiracy.
During jury selection, the court disclosed that defense counsel Silverstein had a brief, pre‑existing contact (5–6 minutes) with James Dickerson, a state witness, about a separate plea situation before Dickerson cooperated in Walker’s case. Walker was informed and consented to counsel’s continued representation.
On direct appeal, the record was inadequate to fully review the conflict claim; convictions were affirmed by this court and the Connecticut Supreme Court.
Walker filed a habeas petition alleging ineffective assistance based on counsel’s alleged actual conflict of interest and a due process claim for exclusion from an in‑chambers conference; the habeas court denied relief, finding no actual conflict and deeming the due process claim abandoned for failure to brief it. Walker obtained certification to appeal.
At habeas trial, the court found counsel conducted vigorous cross‑examination of Dickerson and that counsel’s performance substantially contributed to Walker’s acquittals on two counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel’s brief prior contact with state witness Dickerson created an actual conflict of interest	Walker: Silverstein’s prior relationship with Dickerson created competing loyalties that impaired representation and requires presumed prejudice	Commissioner: Contact was limited, not simultaneous representation; Walker failed to point to record instances showing impairment	No actual conflict — contact was brief, occurred before cooperation, record shows zealous cross‑examination and no specific impairment; claim fails
Whether Walker preserved due process claim for being excluded from an in‑chambers conference about counsel’s conflict	Walker: He was denied right to be present at a critical stage; exclusion requires relief (argued as structural error)	Commissioner: Walker abandoned the claim by not briefing it to the habeas court; no ruling to review	Abandoned — habeas court properly deemed claim forfeited because petitioner did not develop it in posttrial briefs; appellate review declined

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (deficient performance and prejudice standard for ineffective assistance; presumed prejudice where actual conflict is shown)
State v. Walker, 147 Conn. App. 1 (Conn. App. 2013) (direct‑appeal opinion noting record issues re: in‑chambers conference)
State v. Walker, 319 Conn. 668 (Conn. 2015) (Connecticut Supreme Court affirming conviction)
Santiago v. Commissioner of Correction, 87 Conn. App. 568 (Conn. App. 2005) (must point to specific record instances showing impairment from conflict)
Goodrum v. Commissioner of Correction, 63 Conn. App. 297 (Conn. App. 2001) (actual conflict may arise from simultaneous representation that inhibits counsel)
Phillips v. Warden, 220 Conn. 112 (Conn. 1991) (right to conflict‑free counsel)
Gaines v. Commissioner of Correction, 306 Conn. 664 (Conn. 2012) (right to effective assistance under state and federal constitutions)