Weathers v. Commissioner of Correction
133 Conn. App. 440
| Conn. App. Ct. | 2012Background
- Weathers was arrested on CR-04-194735-S for criminal mischief and weapons in a vehicle, with bond set at $75,000 and he remained jailed pretrial.
- Ninety-seven days later, while in pretrial custody, he was arrested on separate dockets CR-04-196151-S, CR-04-196152-S, CR-04-196153-S, CR-04-196154-S.
- On March 23, 2005, under a plea agreement, he pleaded guilty by Alford to multiple burglary and credit card theft offenses across those dockets.
- In May 2005, he received a total effective sentence of ten years; the state nolled charges on two other dockets.
- Weathers claimed trial counsel Ferrara was ineffective for not seeking pretrial jail credit for 97 days against his sentence.
- The habeas court ruled against relief, finding no deficient performance or prejudice, and noted sentencing court discretion to grant credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Ferrara's failure to request pretrial credit constitute ineffective assistance? | Weathers argues Ferrara's failure was deficient performance. | Ferrara contends no entitlement to credit and no ineffective performance proven. | No deficient performance; no prejudice shown. |
| Whether pretrial confinement credit can be applied across offenses for which credit was not earned. | Credit should be considered despite docket not resulting in conviction. | Credit cannot be transferred across offenses; not entitled by law. | Credit not transferrable; not entitled under law. |
| If credit might have affected sentence, whether the result would be more favorable. | Counsel's request could have yielded a more lenient sentence. | Even with a request, sentencing court has broad discretion; outcome uncertain. | Even with possible request, no reasonable probability of a more favorable sentence. |
Key Cases Cited
- Payton v. Albert, 209 Conn. 23 (1988) (pretrial confinement credit not transferable between offenses)
- Rivera v. Commissioner of Correction, 254 Conn. 214 (2000) (overruled in part Payton's transfer rule)
- Borrelli v. Commissioner of Correction, 113 Conn.App. 805 (2009) (no presentence credit for prearrest confinement)
- State v. Eric M., 271 Conn. 641 (2004) (sentencing discretion broad)
- North Carolina v. Alford, 400 U.S. 25 (1970) (Alford plea framework)