Henderson v. Commissioner of Correction

25 Citing cases

  1. Henderson v. Commissioner of Correction

    841 A.2d 1190 (Conn. 2004)

    Decided February 11, 2004 The petitioner Daniel Henderson's petition for certification for appeal from the Appellate Court, 80 Conn. App. 499 (AC 23253), is denied. Daniel Henderson, pro se, in support of the petition.

  2. Jackson v. Comm'r of Corr.

    149 Conn. App. 681 (Conn. App. Ct. 2014)   Cited 26 times
    In Jackson, the petitioner claimed that his trial counsel performed deficiently when he failed to call additional alibi witnesses at the petitioner's criminal trial.

    “[T]he Constitution guarantees criminal defendants only a fair trial and a competent attorney. It does not insure that defense counsel will recognize and raise every conceivable constitutional claim.... The [petitioner] is also not guaranteed assistance of an attorney who will make no mistakes.... What constitutes effective assistance [of counsel] is not and cannot be fixed with yardstick precision, but varies according to the unique circumstances of each representation.” (Citations omitted; internal quotation marks omitted.) Henderson v. Commissioner of Correction, 80 Conn.App. 499, 503–505, 835 A.2d 1036 (2003), cert. denied, 267 Conn. 918, 841 A.2d 1190 (2004). A

  3. Harris v. Comm'r of Corr.

    134 Conn. App. 44 (Conn. App. Ct. 2012)   Cited 20 times

    (Citation omitted; internal quotation marks omitted.) Henderson v. Commissioner of Correction, 80 Conn.App. 499, 503, 835 A.2d 1036 (2003), cert. denied, 267 Conn. 918, 841 A.2d 1190 (2004). “In Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the United States Supreme Court established that for a petitioner to prevail on a claim of ineffective assistance of counsel, he must show that counsel's assistance was so defective as to require reversal of [the] conviction.... That requires the petitioner to show (1) that counsel's performance was deficient and (2) that the deficient performance prejudiced the defense.... Unless a [petitioner] makes both showings, it cannot be said that the conviction ... resulted from a breakdown in the adversary process that renders the result unreliable.”

  4. Eastwood v. Commissioner of Correction

    114 Conn. App. 471 (Conn. App. Ct. 2009)   Cited 21 times

    (Citation omitted; internal quotation marks omitted.) Henderson v. Commissioner of Correction, 80 Conn. App. 499, 503, 835 A.2d 1036 (2003), cert. denied, 267 Conn. 918, 841 A.2d 1190 (2004). "In Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), the United States Supreme Court established that for a petitioner to prevail on a claim of ineffective assistance of counsel, he must show that counsel's assistance was so defective as to require reversal of [the] conviction. . . . That requires the petitioner to show (1) that counsel's performance was deficient and (2) that the deficient performance prejudiced the defense. . . . Unless a [petitioner] makes both showings, it cannot be said that the conviction . . . resulted from a breakdown in the adversary process that renders the result unreliable."

  5. LaPointe v. Comm'r of Corr.

    113 Conn. App. 378 (Conn. App. Ct. 2009)   Cited 52 times
    Rejecting claim that habeas counsel was ineffective for failing to raise claim of ineffective assistance of trial counsel because petitioner failed to establish prejudice prong in claim against trial counsel

    Specifically, our review of the court's judgment of dismissal requires us to review the proffered evidence in the light most favorable to the petitioner to determine whether he has established a prima facie showing of a Strickland claim; see Thomas v. West Haven, supra, 249 Conn. 392; however, due to the lack of a definitive description of what constitutes "deficient performance," we are also required to evaluate the specific circumstances of the claim and indulge a strong presumption in favor of finding that the representation was not deficient. See Henderson v. Commissioner of Correction, 80 Conn. App. 499, 504, 835 A.2d 1036 (2003), cert. denied, 267 Conn. 918, 841 A.2d 1190 (2004). B Failure to Employ Evidence

  6. Andrades v. Commissioner of Correction

    108 Conn. App. 509 (Conn. App. Ct. 2008)   Cited 28 times
    Concluding that indigent criminal defendant has right to appointed counsel at sentence review

    (Citation omitted; internal quotation marks omitted.) Henderson v. Commissioner of Correction, 80 Conn. App. 499, 503, 835 A.2d 1036 (2003), cert. denied, 267 Conn. 918, 841 A.2d 1190 (2004). "In Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), the United States Supreme Court established that for a petitioner to prevail on a claim of ineffective assistance of counsel, he must show that counsel's assistance was so defective as to require reversal of [the] conviction. . . . That requires the petitioner to show (1) that counsel's performance was deficient and (2) that the deficient performance prejudiced the defense. . . . Unless a [petitioner] makes both showings, it cannot be said that the conviction . . . resulted from a breakdown in the adversary process that renders the result unreliable."

  7. Johnson v. Commissioner of Correction

    101 Conn. App. 465 (Conn. App. Ct. 2007)   Cited 39 times

    " (Citation omitted; internal quotation marks omitted.) Henderson v. Commissioner of Correction, 80 Conn. App. 499, 503, 835 A.2d 1036 (2003), cert. denied, 267 Conn. 918, 841 A.2d 1190 (2004). The basis for all of the petitioner's allegations relating to his claim of ineffective assistance of counsel stems primarily from his testimony regarding Meisler's conduct.

  8. Thompson v. Commissioner

    91 Conn. App. 205 (Conn. App. Ct. 2005)   Cited 16 times
    In Thompson v. Commissioner of Correction, 91 Conn. App. 205, 210-16, 880 A.2d 965 (2005), appeal dismissed, 280 Conn. 509, 909 A.2d 946 (2006), this court concluded that the petitioner had demonstrated that his trial counsel had rendered ineffective assistance by failing to file a motion to dismiss a charge on the ground that the offense at issue had not been prosecuted within the statute of limitations.

    (Citation omitted; internal quotation marks omitted.) Henderson v. Commissioner of Correction, 80 Conn. App. 499, 503, 835 A.2d 1036 (2003), cert. denied, 267 Conn. 918, 841 A.2d 1190 (2004). "In Strickland v. Washington, [ 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984)], the United States Supreme Court adopted a two-part standard for evaluating claims of ineffective assistance of counsel during criminal proceedings: the [petitioner] must show: (1) that counsel's representation fell below an objective standard of reasonableness; id., 687-88; and (2) that defense counsel's deficient performance prejudiced the defense.

  9. Woods v. Commissioner

    85 Conn. App. 544 (Conn. App. Ct. 2004)   Cited 25 times

    " (Internal quotation marks omitted.) Henderson v. Commissioner of Correction, 80 Conn. App. 499, 504, 835 A.2d 1036 (2003), cert. denied, 267 Conn. 918, 841 A.2d 1190 (2004). Turning to the prejudice component of the Strickland test, "[i]t is not enough for the [petitioner] to show that the errors [made by counsel] had some conceivable effect on the outcome of the proceeding.

  10. Hernandez v. Commissioner of Correction

    82 Conn. App. 701 (Conn. App. Ct. 2004)   Cited 30 times

    " (Internal quotation marks omitted.) Henderson v. Commissioner of Correction, 80 Conn. App. 499, 503-504, 835 A.2d 1036 (2003), cert. denied, 267 Conn. 918, 841 A.2d 1190 (2004). "For ineffectiveness claims resulting from guilty pleas, we apply the standard set forth in Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985), which modified Stricklands prejudice prong. . . . To satisfy the prejudice prong, the petitioner must show a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial."