199 Conn. 143 | Conn. | 1986
The sole issue on this appeal is whether the petitioner has established that his conviction of the crimes of sexual assault in the first degree and kidnapping in the second degree should be overturned because of ineffective assistance of counsel.
The petitioner claims on appeal, as he did in the trial court, that in defending the criminal action, his counsel should have moved to suppress a dart seized by the Groton police, without a warrant, from the petitioner’s automobile.
The principles that govern claims of ineffective assistance of counsel have recently been fully articulated, both by this court and by the United States Supreme Court. In order to establish his claim for a new trial, a petitioner must make a two-fold showing: (1) that his
The trial court in this case concluded that the petitioner had failed to prove that his trial counsel had been ineffective. The court expressly found, with respect to the admissibility of the dart, that the Groton police had discovered the dart “in plain view on the floor of the petitioner’s automobile while checking the windows on the driver’s side of the car, with the permission of petitioner’s wife.” The petitioner’s own expert had testified that an object seized in such circumstances would be admissible. This expert also acknowledged that he had not read the entire transcript in the criminal case,
There is no error.
In the underlying criminal case, the petitioner was sentenced, on April 2, 1979, after a joint trial on assault and kidnapping. On the first of these
The petitioner was in custody at the time he filed his petition for habeas corpus. Although he was discharged from parole on the assault charge on December 23, 1983, this appeal is not moot. In attacking the legality of his conviction, the petitioner has stated a claim that survives his release from incarceration and parole. Carafas v LaVallee, 391 U.S. 234, 238, 88 S. Ct. 1556, 20 L. Ed. 2d 554 (1968).
In the trial of his habeas petition, the petitioner advanced two additional grounds in support of his claim of ineffective assistance of counsel, one alleging failure of counsel properly to investigate and to prepare the petitioner’s case for trial, and the other claiming impropriety in counsel’s introduction of the petitioner’s handgun into evidence. Because these additional grounds do not appear in the petitioner’s amended preliminary statement of issues and were not briefed, we need not consider them.
The transcript of the criminal case, in which the petitioner was jointly tried for sexual assault and kidnapping, was not made an exhibit in the habeas case.