green
Positive treatment
11.6 score
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999
2012
2026
Top citers, strongest first. 21 distinct citers.
How cited ↗
discussed
Cited "see"
Lewis v. Commissioner of Correction
See Nieves v. Commissioner of Correction, 51 Conn. App. 615 , 622–24, 724 A.2d 508 , cert. denied, 248 Conn. 905 , 731 A.2d 309 (1999). ‘‘[W]hen analyzing a claim of ineffective assistance, counsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exer- cise of reasonable professional judgment. . . .
discussed
Cited "see"
Thompson v. Commissioner of Correction
See Nieves v. Commissioner of Correction , 51 Conn. App. 615 , 621, 724 A.2d 508 ("[t]he burden that the petitioner must sustain for a favorable outcome on his ineffective assistance of counsel claim is a higher one than he would have to sustain had the actual merits of the same issue been raised on direct appeal"), cert. denied, 248 Conn. 905 , 731 A.2d 309 (1999) ; see also Gibson v. Commissioner of Correction , 118 Conn. App. 863 , 876 n.5, 986 A.2d 303 (noting difference in procedural posture for claims on direct appeal versus in habeas petition), cert. denied, 295 Conn. 919 , 991 A.2d 565…
discussed
Cited "see"
Madigosky v. Commissioner of Correction
See Nieves v. Commissioner of Correction , 51 Conn.App. 615 , 620, 724 A.2d 508 ("[a] court need not determine the deficiency of counsel's performance if consideration of the prejudice prong will be dispositive of the ineffectiveness claim"), cert. denied, 248 Conn. 905 , 731 A.2d 309 (1999).
cited
Cited "see"
Jones v. Commissioner of Correction
See Nieves v. Commissioner of Correction , 51 Conn.App. 615 , 624, 724 A.2d 508 , cert. denied, 248 Conn. 905 , 731 A.2d 309 (1999).
cited
Cited "see"
Palumbo v. Barbadimos
See Wilson v. Hryniewicz, 51 Conn. App. 627 , 632–33, 724 A.2d. 531 , cert. denied, 248 Conn. 904 , 731 A.2d 310 (1999).
discussed
Cited "see"
State v. Kendrick
(2×)
See State v. Holmes, 51 Conn. App. 217, 220 , 721 A.2d 1195 (1998) (‘[b]ecause a warrantless search is presumptively invalid, the state has the burden of affirmatively demonstrating a recognized exception to the warrant requirement’), cert. denied, 248 Conn. 904 , 731 A.2d 309 (1999); see also State v. Badgett, 200 Conn. 412, 423-24 , 512 A.2d 160 , cert. denied, 479 U.S. 940 , 107 S. Ct. 423 , 93 L.
cited
Cited "see"
Madagoski v. Commissioner of Correction
See Nieves v. Commissioner of Correction, 51 Conn. App. 615, 623 , 724 A.2d 508 , cert. denied, 248 Conn. 905 , 731 A.2d 309 (1999).
discussed
Cited "see"
Montanaro v. ASPETUCK LAND TRUST, INC.
In Connecticut, the term primary jurisdiction applies both to situations in which the court retains jurisdiction over a case but refers particular questions to the relevant administrative agency; see Wilson v. Hryniewicz, 51 *241 Conn. App. 627, 636-37, 724 A.2d 531 , cert. denied, 248 Conn. 904 , 731 A.2d 310 (1999); and where, as here, a court declines to hear a matter because the matter is better determined initially by an administrative agency.
discussed
Cited "see"
State v. Aviles
(2×)
See State v. Holmes, 51 Conn. App. 217, 220 , 721 A.2d 1195 (1998) (“[b]ecause a warrantless search is presumptively invalid, the state has the burden of affirmatively demonstrating a recognized exception to the warrant requirement”), cert. denied, 248 Conn. 904 , 731 A.2d 309 (1999); see also State v. Badgett, 200 Conn. 412, 423-24 , 512 A.2d 160 , cert. denied, 479 U.S. 940 , 107 S. Ct. 423 , 93 L.
discussed
Cited "see"
Williams v. Commissioner of Correction
See Nieves v. Commissioner of Correction, 51 Conn. App. 615, 624 , 724 A.2d 508 (failure of counsel to call potential defense witness does not constitute ineffective assistance unless petitioner establishes that testimony would have been helpful in establishing asserted defense), cert. denied, 248 Conn. 905 , 731 A.2d 309 (1999).
cited
Cited "see"
Burke v. Commissioner of Correction
See Nieves v. Commissioner of Correction, 51 Conn. App. 615, 624 , 724 A.2d 508 , cert. denied, 248 Conn. 905 , 731 A.2d 309 (1999).
cited
Cited "see"
Town of Ridgefield v. Eppoliti Realty Co.
See Wilson v. Hryniewicz, 51 Conn. App. 627, 633 , 724 A.2d 531 (trier may accept or reject all, part or none of witness’ testimony), cert. denied, 248 Conn. 904 , 731 A.2d 310 (1999).
cited
Cited "see"
State v. Whitford
See Close, Jensen & Miller v. Lomangino, 51 Conn. App. 576, 588 , 722 A.2d 1224 , cert. denied, 248 Conn. 905 , 731 A.2d 309 (1999); State v. Fullard, 5 Conn. App. 338, 342 , 497 A.2d 1041 (1985).
discussed
Cited "see"
Rivera v. Warden, No. Cv92-1467 (Dec. 30, 1999)
See Nieves v. Commissioner , 51 Conn. App. 615 , 724 A.2d 508 (1999), cert. denied 248 Conn. 905 , 731 A.2d 309 (1999). "[T]he defendant must establish not only that his counsel's performance was deficient , but that as a result thereof he suffered actual prejudice , namely, that there is a reasonable probability that, but for counsel's unprofessional errors, the results of the proceeding would have been different." (Emphasis added.) Nieves v. Commissioner , supra, 51 Conn. App. 620 .
cited
Cited "see"
Davenport v. Quinn
See Mercer v. Commissioner of Correction, 51 Conn. App. 638, 644 , 724 A.2d 1130 , cert. denied, 248 Conn. 907 , 731 A.2d 309 (1999).
discussed
Cited "see, e.g."
Soto v. Commissioner of Correction
This court also has stated that ‘‘[t]he failure of defense counsel to call a potential defense witness does not constitute ineffec- tive assistance unless there is some showing that the testimony would have been helpful in establishing the asserted defense.’’ (Internal quotation marks omitted.) Donald G. v. Commissioner of Correction, 203 Conn. App. 58, 68 , 247 A.3d 182 , cert. denied, 337 Conn. 907 , 253 A.3d 45 (2021); see also Nieves v. Commissioner of Correction, 51 Conn. App. 615, 624 , 724 A.2d 508 (‘‘[i]n the absence of that showing by the petitioner, we are unable to concl…
discussed
Cited "see, e.g."
Thomas v. Commissioner of Correction
See Townsend v. Commissioner of Correction, 116 Conn. App. 663, 668 , 975 A.2d 1282 (insufficient showing of prejudice where petitioner offered sole testimony regarding exculpatory witness because court had no opportunity to evaluate testimony or credibility of claimed witness), cert. denied, 293 Conn. 930 , 980 A.2d 916 (2009); Andrews v. Commissioner of Correction, 45 Conn. App. 242, 247-48 , 695 A.2d 20 (prejudice cannot be demonstrated with regard to trial counsel’s alleged failure to interview potential witnesses where petitioner fails to call those witnesses to testify at habeas trial …
discussed
Cited "see, e.g."
Harris v. Commissioner of Correction
Specifically, the petitioner claims that if Holden had hired or consulted with an expert witness in child competence, Holden would have more effectively cross-examined Eric at trial, and the testimony of an expert witness would have alerted the jury to the problems of unreliability of child testimony. “[T]he failure of defense counsel to call a potential defense witness does not constitute ineffective assistance unless there is some showing that the testimony would have been helpful in establishing the asserted defense.” (Internal quotation marks omitted.) Eastwood v. Commissioner of Corre…
discussed
Cited "see, e.g."
Norton v. Commissioner of Correction
The reasonableness of an investigation must be *859 evaluated not through hindsight but from the perspective of the attorney when he was conducting it.” (Internal quotation marks omitted.) Tatum v. Commissioner of Correction, 66 Conn. App. 61, 66 , 783 A.2d 1151 , cert. denied, 258 Conn. 937 , 785 A.2d 232 (2001); see also Nieves v. Commissioner of Correction, 51 Conn. App. 615, 624 , 724 A.2d 508 , cert. denied, 248 Conn. 905 , 731 A.2d 309 (1999).
discussed
Cited "see, e.g."
Jean-Jacques v. Commissioner of Correction
The reasonableness of an investigation must be evaluated not through hindsight but from the perspective of the attorney when he was conducting it.” (Internal quotation marks omitted.) Tatum v. Commissioner of Correction, 66 Conn. App. 61, 66 , 783 A.2d 1151 , cert. denied, 258 Conn. 937 , 785 A.2d 232 (2001); see also Nieves v. Commissioner of Correction, 51 Conn. App. 615, 624 , 724 A.2d 508 , cert. denied, 248 Conn. 905 , 731 A.2d 309 (1999).
discussed
Cited "see, e.g."
Holley v. Commissioner of Correction
United States v. Green, 882 F.2d 999, 1003 (5th Cir. 1989) (petitioner could not succeed on claim of ineffective assistance of counsel because he failed to show what further investigation would have revealed and how it would have helped him); see also Nieves v. Commissioner of Correction, 51 Conn. App. 615, 624 , 724 A.2d 508 (petitioner could not succeed on claim of ineffective assistance on basis of counsel’s failure to conduct proper investigation in absence of showing that he was prejudiced by counsel’s failure to interview witnesses), cert, denied, 248 Conn. 905 , 731 A.2d 309 (1999).
Retrieving the full opinion text from the archive…
STATE OF CONNECTICUT
v.
ANTHONY HOLMES
v.
ANTHONY HOLMES
Supreme Court of Connecticut.
Mar 17, 1999.
James B. Streeto, special public defender, in support of the petition., Robert J. Scheinblum, assistant state’s attorney, in opposition.
Berdon.
Published
Lead Opinion
The defendant’s petition for certification for appeal from the Appellate Court, 51 Conn. App. 217 (AC 16182), is denied.
Dissent
BERDON, J.,
dissenting. I disagree and would grant certification to appeal to this court with respect to the following issue: “Did the Appellate Court properly determine that the search of the closet was justified under the plain view exception?”