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Keywords

attorneytrialverdicttestimonyhabeas corpus
trialverdicttestimonyhabeas corpus

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Gaines v. Commissioner of Correction, 306 Conn. 664, 51 A.3d 948

Facts

On October 29, 1996, Gary Louis–Jeune and Marsha Larose were shot and killed in Bridgeport. Gaines was arrested months later and charged with their murders. During the trial, eyewitnesses provided testimony, but the defense failed to present alibi witnesses that could have exonerated Gaines. After the trial, Gaines filed for habeas corpus, claiming his attorney did not adequately investigate potential witnesses who could provide an alibi.

The record reveals the following relevant facts, which the habeas court reasonably could have found, and procedural history. On October 29, 1996, at approximately 7 p.m., Gary Louis–Jeune and Marsha Larose were shot and killed by two gunmen while sitting in a car parked on the side of Maplewood Avenue in Bridgeport.

Issue

Did the trial counsel's failure to investigate potential alibi witnesses constitute ineffective assistance of counsel, thereby prejudicing the petitioner?

Did the trial counsel's failure to investigate potential alibi witnesses constitute ineffective assistance of counsel, thereby prejudicing the petitioner?

Rule

To establish ineffective assistance of counsel, a petitioner must demonstrate that the attorney's performance was deficient and that the deficiency prejudiced the defense, as outlined in Strickland v. Washington.

A claim of ineffective assistance of counsel consists of two components: a performance prong and a prejudice prong.

Analysis

The court determined that the trial counsel's failure to investigate a potential alibi witness, identified by the petitioner, was not a reasonable trial strategy. The habeas court found that the testimony of the alibi witnesses could have significantly impacted the jury's verdict, especially given the weaknesses in the state's case. The attorney's lack of investigation was deemed unreasonable under the circumstances.

The habeas court found that Schwartz' failure to investigate Rivera and, therefore, his corresponding failure to locate and to interview Davila, did not fulfill Schwartz' duty to undertake a reasonable investigation under the circumstances of this particular case.

Conclusion

The court affirmed the Appellate Court's decision to grant the writ of habeas corpus, concluding that the petitioner was denied effective assistance of counsel.

The court affirmed the Appellate Court's decision to grant the writ of habeas corpus, concluding that the petitioner was denied effective assistance of counsel.

Who won?

Norman Gaines prevailed in the case because the court found that his trial counsel's performance was deficient and prejudicial, warranting a new trial.

The habeas court found that Schwartz' failure to investigate and to call Rivera and Davila at trial prejudiced the petitioner because their credible, compelling testimony likely would have affected the verdict, especially in light of the general weakness of the state's case.

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