Beasley v. Commissioner of Correction, 243 Conn. 967

Dissenting Opinion

BERDON, J.,

dissenting. I would grant certification on the following issues: Did the Appellate Court correctly conclude that the petitioner, acquitted of murder and convicted of reckless manslaughter in the first degree, received effective assistance of trial counsel despite trial counsel’s failure to request instructions on other lesser, unintentional homicide offenses that were supported by the evidence before the jury, consistent with the petitioner’s trial testimony, and available under the doctrine of State v. Whistnant, 179 Conn. 576 (1980), and its progeny?

Timothy H. Everett, in support of the petition. Lawrence J. Tytla, senior assistant state’s attorney, in opposition. Decided January 22, 1998

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Lead Opinion

The petitioner Marvin Beasley’s petition for certification for appeal from the Appellate Court, 47 Conn. App. 253 (AC 16381), is denied.

Case Details

Case Name: Beasley v. Commissioner of Correction

Court Name: Supreme Court of Connecticut

Date Published: Jan 22, 1998

Citations: 243 Conn. 967; 707 A.2d 1268; 1998 Conn. LEXIS 34

Court Abbreviation: Conn.