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Keywords

attorneytrialplearespondentguilty plea

appealtrialpleaguilty plea

Related Cases

Bowers v. Commissioner of Correction, 33 Conn.App. 449, 636 A.2d 388

Facts

On February 14, 1984, the petitioner, after being refused entry into his estranged girlfriend's parents' house, returned with a cousin, armed and masked. He shot and killed his girlfriend's stepfather and later confessed to the crime. The petitioner pled guilty under the Alford doctrine in 1984, understanding the charges and having discussed his plea with his attorney and family. Six years later, he sought habeas relief, claiming his plea was invalid and he received ineffective assistance of counsel.

The relevant facts are undisputed. On February 14, 1984, after having been refused entry into the house of his estranged girl friend's parents several times, the petitioner returned with his cousin. The petitioner carried a pistol, his cousin carried a rifle and they both wore stocking masks. After kicking in the front door, the petitioner shot his girl friend's stepfather, killing him. The petitioner then threw the murder weapon into a river behind his high school.

Issue

Did the petitioner make a knowing and voluntary guilty plea, and did he receive effective assistance of counsel?

The petitioner claims that his plea was not made knowingly and voluntarily and was, therefore, invalid.

Rule

Guilty pleas must be made voluntarily and knowingly, and claims of ineffective assistance of counsel are evaluated under the two-pronged Strickland test, requiring proof of deficient performance and actual prejudice.

To be valid, guilty pleas must be made voluntarily and knowingly. State v. Gilnite, 202 Conn. 369, 381, 521 A.2d 547 (1987).

Analysis

The court found that the petitioner failed to demonstrate good cause for not raising the validity of his plea at trial, as he was aware of the charges and had discussed them with his counsel. Additionally, the court determined that the petitioner's claims of ineffective assistance were unsupported by the record, which showed that his counsel had adequately explained the plea and that accepting it was a reasonable strategy given the strength of the state's case against him.

Thus, the petitioner failed to establish good cause for his failure to raise this issue at trial or on direct appeal. Cause and prejudice must be established conjunctively. Johnson v. Commissioner, 218 Conn. 403, 419, 589 A.2d 1214 (1991).

Conclusion

The Appellate Court affirmed the lower court's decision, concluding that the petitioner did not prove his claims regarding the validity of his plea or ineffective assistance of counsel.

The judgment is affirmed.

Who won?

The respondent (Commissioner of Correction) prevailed because the court found that the petitioner did not demonstrate good cause for his claims and that he received adequate legal representation.

The petitioner has failed to demonstrate good cause. He claimed that he was surprised to learn of the actual crimes charged during the plea canvass.

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