Opinion
09-27-2016
Denis Hickey v. Commissioner of Correction
Marjorie Allen Dauster, senior assistant state's attorney, in support of the petition. Alan Jay Black, assigned counsel, in opposition.
Marjorie Allen Dauster, senior assistant state's attorney, in support of the petition.
Alan Jay Black, assigned counsel, in opposition.
The respondent's petition for certification for appeal from the Appellate Court, 162 Conn. App. 505, 133 A.3d 489 (2016), is granted, limited to the following issues:“1. Did the Appellate Court properly determine that the conduct of the petitioner's attorney at his criminal trial was not sound trial strategy ‘as a matter of law?’
“2. If the answer to the first question is in the affirmative, did the Appellate Court properly remand the matter to the habeas court for a new hearing rather than engaging in plenary review of the prejudice prong of Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L.Ed. 2d 674 (1984) ?”
EVELEIGH, J., did not participate in the consideration of or decision on this petition.