177 Conn. App. 321
Conn. App. Ct.2017Background
- Williams seeks habeas corpus challenging conviction for sex offenses and accompanying claims of ineffective assistance of counsel.
- Habeas court denied relief; Williams appealed after certification.
- Claims: (A) failure to consult/call a medical expert to refute Moskal-Kanz’s colposcopy testimony; (B) failure to call Strugar to establish physical incapacity defense.
- Habeas court credited defense strategy and not consulting an expert; also found Strugar testimony would not have helped the defense.
- Court applies Strickland two-prong test and defers to trial counsel’s strategic choices; no deficient performance established under the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Moscowitz ineffective for not consulting/calling a medical expert? | Williams | Moscowitz relied on experience; no definite failure to consult | No prejudice; no deficiency found. |
| Was Moscowitz ineffective for not calling Strugar to prove physical incapacity? | Williams | Defense would not be credible; strategy reasonable | No deficiency; decision grounded in reasonable professional judgment. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes two-prong test for ineffective assistance of counsel)
- Gaines v. Commissioner of Correction, 306 Conn. 664 (Conn. 2012) (reasonableness of investigations judged in practical context; strong presumption of effectiveness)
- Thompson v. Commissioner of Correction, 131 Conn. App. 671 (Conn. 2015) (unhelpful to defense may not render investigations inadequate)
- State v. Talton, 197 Conn. 280 (Conn. 1985) (context for evaluating reasonableness of investigations and strategy)
- Ricks v. Commissioner of Correction, 98 Conn. App. 497 (Conn. 2006) (counsel not deficient when pursuing theory deemed unhelpful)