pertinent legal standard (Connecticut) · Go Syfert
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pertinent legal standard in Connecticut

76 Connecticut opinions name it 2 courts 2002–2025 14 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 22 Connecticut opinions naming this issue, 2002–2019
2 sentences

2019The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review. . . . ‘‘To succeed on a claim of ineffective assistance of counsel, a habeas petitioner must satisfy the two- pronged test articulated in Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052 , 80 L.

2019The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review. . . . ‘‘To succeed on a claim of ineffective assistance of counsel, a habeas petitioner must satisfy the two- pronged test articulated in Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052 , 80 L.

122
Craig Wilson v. Mark Williamsgreen
ca6 · 2020 · cited in 1 Connecticut opinions naming this issue, 2022–2022
1 sentence

2022The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Faraday v. Commissioner of Correction, 288 Conn. 326, 338 , 952 A.2d 764 (2008); see also Wilson v. Williams, 961 F.3d 829, 840 (6th Cir. 2020) (issue of ‘‘whether [a prison official’s] conduct could constitute deliberate indifference is a mixed ques- tion of law and fact’’).

11
Do v. Comm'r of Motor Vehiclesgreen
conn · 2016 · cited in 1 Connecticut opinions naming this issue, 2019–2019
11
Lewis v. Commissioner of Correctiongreen
connappct · 2016 · cited in 1 Connecticut opinions naming this issue, 2019–2019
11
Caminis v. Troygreen
conn · 2011 · cited in 1 Connecticut opinions naming this issue, 2011–2011
11
City of Bristol v. Tilcon Minerals, Inc.green
conn · 2007 · cited in 1 Connecticut opinions naming this issue, 2011–2011
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (52)

CaseCitedYears
Horn v. Commissioner of Correction green
conn · 2016
2 sentences

2021The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Inter- nal quotation marks omitted.) Horn v. Commissioner of Correction, 321 Conn. 767, 775 , 138 A.3d 908 (2016). ‘‘The ex post facto clause of the United States consti- tution prohibits retroactive application of a law that inflicts a greater punishment, than the law annexed to the crime, when committed. . . .

2021The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Inter- nal quotation marks omitted.) Horn v. Commissioner of Correction, 321 Conn. 767, 775 , 138 A.3d 908 (2016). ‘‘The ex post facto clause of the United States consti- tution prohibits retroactive application of a law that inflicts a greater punishment, than the law annexed to the crime, when committed. . . .

72016–2021
Duperry v. Solnit green
conn · 2002
2 sentences

2019The application of the habeas court’s factual find- ings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Citation omitted.) Duperry v. Solnit, 261 Conn. 309, 335 , 803 A.2d 287 (2002). ‘‘It is axiomatic that the right to counsel is the right to the effective assistance of counsel. . . .

2019The application of the habeas court’s factual find- ings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Citation omitted.) Duperry v. Solnit, 261 Conn. 309, 335 , 803 A.2d 287 (2002). ‘‘It is axiomatic that the right to counsel is the right to the effective assistance of counsel. . . .

72002–2019
Mozell v. Commissioner of Correction green
conn · 2009
2 sentences

2017The application of the habeas court's factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review." (Internal quotation marks omitted.) Mozell v. Commissioner of Correction , 291 Conn. 62 , 76-77, 967 A.2d 41 (2009).

2017The application of the habeas court's factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review." (Internal quotation marks omitted.) Mozell v. Commissioner of Correction , 291 Conn. 62 , 76-77, 967 A.2d 41 (2009).

52010–2017
Skakel v. Comm'r of Corr. green
conn · 2018
2 sentences

2024The application of the habeas court’s fac- tual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Skakel v. Commissioner of Correction, 329 Conn. 1 , 40–41, 188 A.3d 1 (2018), cert. denied sub nom.

2024The application of the habeas court’s fac- tual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Skakel v. Commissioner of Correction, 329 Conn. 1 , 40–41, 188 A.3d 1 (2018), cert. denied sub nom.

32018–2024
Breton v. Commissioner of Correction green
conn · 2017
2 sentences

2023The application of the habeas court’s factual find- ings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Breton v. Commissioner of Correction, 325 Conn. 640 , 666–67, 159 A.3d 1112 (2017).

2023The application of the habeas court’s factual find- ings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Breton v. Commissioner of Correction, 325 Conn. 640 , 666–67, 159 A.3d 1112 (2017).

32019–2023
Faraday v. Commissioner of Correction green
conn · 2008
2 sentences

2022The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Faraday v. Commissioner of Correction, 288 Conn. 326, 338 , 952 A.2d 764 (2008); see also Wilson v. Williams, 961 F.3d 829, 840 (6th Cir. 2020) (issue of ‘‘whether [a prison official’s] conduct could constitute deliberate indifference is a mixed ques- tion of law and fact’’).

2022The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Faraday v. Commissioner of Correction, 288 Conn. 326, 338 , 952 A.2d 764 (2008); see also Wilson v. Williams, 961 F.3d 829, 840 (6th Cir. 2020) (issue of ‘‘whether [a prison official’s] conduct could constitute deliberate indifference is a mixed ques- tion of law and fact’’).

32008–2022
Thomas v. Commissioner of Correction green
connappct · 2013
2 sentences

2018The application of the habeas court's factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review." (Internal quotation marks omitted.) Thomas v. Commissioner of Correction , 141 Conn. App. 465 , 470, 62 A.3d 534 , cert. denied, 308 Conn. 939 , 66 A.3d 881 (2013).

2018The application of the habeas court's factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review." (Internal quotation marks omitted.) Thomas v. Commissioner of Correction , 141 Conn. App. 465 , 470, 62 A.3d 534 , cert. denied, 308 Conn. 939 , 66 A.3d 881 (2013).

32015–2018
Small v. Commissioner of Correction green
conn · 2008
2 sentences

2014The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Mozell v. Commissioner of Correction, 291 Conn. 62 , 76–77, 967 A.2d 41 (2009). ‘‘A criminal defendant’s right to the effective assis- tance of counsel extends through the first appeal of right and is guaranteed by the sixth and fourteenth amendments to the United States constitution and by article first, § 8, of the Connecticut constitution.’’ Small v. Commissioner of Correction, 28

2014The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Mozell v. Commissioner of Correction, 291 Conn. 62 , 76–77, 967 A.2d 41 (2009). ‘‘A criminal defendant’s right to the effective assis- tance of counsel extends through the first appeal of right and is guaranteed by the sixth and fourteenth amendments to the United States constitution and by article first, § 8, of the Connecticut constitution.’’ Small v. Commissioner of Correction, 28

32014–2017
Anderson v. Semple green
scotus · 2015
2 sentences

2016Anderson v. Semple, --- U.S. ----, 135 S.Ct. 1453 , 191 L.Ed.2d 403 (2015). "[I]t is well established that [a] criminal defendant is constitutionally entitled to adequate and effective assistance of counsel at all critical stages of criminal proceedings." (Internal quotation marks omitted.) Id. "[A] claim of ineffective assistance of counsel consists of two components: a performance prong and a prejudice prong.

2016Anderson v. Semple, U.S. , 135 S. Ct. 1453 , 191 L.

32015–2016
Katzin v. United States green
scotus · 2015
2 sentences

2016Anderson v. Semple, --- U.S. ----, 135 S.Ct. 1453 , 191 L.Ed.2d 403 (2015). "[I]t is well established that [a] criminal defendant is constitutionally entitled to adequate and effective assistance of counsel at all critical stages of criminal proceedings." (Internal quotation marks omitted.) Id. "[A] claim of ineffective assistance of counsel consists of two components: a performance prong and a prejudice prong.

2016Anderson v. Semple, --- U.S. ----, 135 S.Ct. 1453 , 191 L.Ed.2d 403 (2015). "[I]t is well established that [a] criminal defendant is constitutionally entitled to adequate and effective assistance of counsel at all critical stages of criminal proceedings." (Internal quotation marks omitted.) Id. "[A] claim of ineffective assistance of counsel consists of two components: a performance prong and a prejudice prong.

32015–2016
Sastrom v. Mullaney green
conn · 2008
2 sentences

2009The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.” (Internal quotation marks omitted.) Sastrom v. Mullaney, 286 Conn. 655, 661 , 945 A.2d 442 (2008).

2009The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.” (Internal quotation marks omitted.) Sastrom v. Mullaney, 286 Conn. 655, 661 , 945 A.2d 442 (2008).

32009–2014
Prutting v. United States green
scotus · 2019
2 sentences

2024Connecticut v. Skakel, U.S. , 139 S. Ct. 788 , 202 L.

2024The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Skakel v. Commissioner of Correction, 329 Conn. 1 , 40–41, 188 A.3d 1 (2018), cert. denied, U.S. , 139 S. Ct. 788 , 202 L.

22024–2024
Nichols v. Chesapeake Operating, LLC green
scotus · 2019
2 sentences

2024Connecticut v. Skakel, U.S. , 139 S. Ct. 788 , 202 L.

2024The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Skakel v. Commissioner of Correction, 329 Conn. 1 , 40–41, 188 A.3d 1 (2018), cert. denied, U.S. , 139 S. Ct. 788 , 202 L.

22024–2024
Alexander, Zelmanski, Danner & Fioritto, PLLC v. Haddad green
scotus · 2013
2 sentences

2021Arnone v. Ebron, 569 U.S. 913 , 133 S. Ct. 1726 , 185 L.

2013Arnone v. Ebron, U.S. , 133 S. Ct. 1726 , 185 L.

22013–2021
White v. United States green
scotus · 2013
2 sentences

2021Arnone v. Ebron, 569 U.S. 913 , 133 S. Ct. 1726 , 185 L.

2013Arnone v. Ebron, U.S. , 133 S. Ct. 1726 , 185 L.

22013–2021
In re Larry D. green
conn · 2017
2 sentences

2019Therefore, our review of whether the facts as found by the habeas court constituted a violation of the petitioner's constitutional right to effective assistance of counsel is plenary." (Citation omitted; internal quotation marks omitted.) Sanders v. Commissioner of Correction , 169 Conn. App. 813 , 822, 153 A.3d 8 (2016), cert. denied, 325 Conn. 904 , 156 A.3d 536 (2017).

2017Therefore, our review of whether the facts as found by the habeas court constituted a violation of the petitioner's constitutional right to effective assistance of counsel is plenary." (Citation omitted; internal quotation marks omitted.) Sanders v. Commissionerof Correction , 169 Conn. App. 813 , 822, 153 A.3d 8 (2016), cert. denied, 325 Conn. 904 , 156 A.3d 536 (2017).

22017–2019
Sanders v. Commissioner of Correction green
connappct · 2016
2 sentences

2019Therefore, our review of whether the facts as found by the habeas court constituted a violation of the petitioner's constitutional right to effective assistance of counsel is plenary." (Citation omitted; internal quotation marks omitted.) Sanders v. Commissioner of Correction , 169 Conn. App. 813 , 822, 153 A.3d 8 (2016), cert. denied, 325 Conn. 904 , 156 A.3d 536 (2017).

2019Therefore, our review of whether the facts as found by the habeas court constituted a violation of the petitioner's constitutional right to effective assistance of counsel is plenary." (Citation omitted; internal quotation marks omitted.) Sanders v. Commissioner of Correction , 169 Conn. App. 813 , 822, 153 A.3d 8 (2016), cert. denied, 325 Conn. 904 , 156 A.3d 536 (2017).

22017–2019
Canady v. Commissioner of Correction green
connappct · 2025
1 sentence

2025The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Canady v. Commissioner of Correc- tion, 231 Conn. App. 603, 610 , 333 A.3d 797 , cert. denied, 352 Conn. 901 , 334 A.3d 1006 (2025).

12025–2025
Roberto A. v. Commissioner of Correction green
connappct · 2024
1 sentence

2025The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Citation omitted; internal quotation marks omitted.) Roberto A. v. Commissioner of Correction, 229 Conn. App. 104 , 111–12, 325 A.3d 1192 , cert. denied, 350 Conn. 935 , 327 A.3d 384 (2024).

12025–2025
Meletrich v. Commissioner of Correction green
conn · 2019
2 sentences

2025The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Meletrich v. Commissioner of Correction, 332 Conn. 615, 625 , 212 A.3d 678 (2019).

2025The application of the habeas court’s factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Meletrich v. Commissioner of Correction, 332 Conn. 615, 625 , 212 A.3d 678 (2019).

12025–2025
Padilla v. Kentucky green
scotus · 2010
1 sentence

2022The application of the habeas court’s factual findings to the pertinent legal standard, how- ever, presents a mixed question of law and fact, which is subject to plenary review.’’ (Internal quotation marks omitted.) Id., 24–25. ‘‘A claim of ineffective assistance of counsel raised by a petitioner who faces mandatory deportation as a consequence of his guilty plea is analyzed more particu- larly under Padilla v. Kentucky, [supra, 559 U.S. 356 ], a case in which the United States Supreme Court held that counsel must inform clients accurately as to whether a guilty plea carries a risk of deportat

12022–2022
Johnson v. Commissioner of Correction green
conn · 2002
12021–2021
Kellman v. Commissioner of Correction green
connappct · 2017
2 sentences

2021Therefore, our review of whether the facts as found by the habeas court constituted a violation of the petitioner’s constitutional right to effective assistance of counsel is plenary.’’ (Internal quotation marks omitted.) Kellman v. Com- missioner of Correction, 178 Conn. App. 63, 68 , 174 A.3d 206 (2017).

2021Therefore, our review of whether the facts as found by the habeas court constituted a violation of the petitioner’s constitutional right to effective assistance of counsel is plenary.’’ (Internal quotation marks omitted.) Kellman v. Com- missioner of Correction, 178 Conn. App. 63, 68 , 174 A.3d 206 (2017).

12021–2021
Breton v. Comm'r of Corr. green
conn · 2018
2 sentences

2021In other words, the clause forbids the application of any new punitive mea- sure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer.’’ (Citation omitted; internal quotation marks omitted.) Breton v. Commissioner of Correction, 330 Conn. 462, 470 , 196 A.3d 789 (2018). ‘‘To establish a cognizable claim under the ex post facto clause, therefore, a habeas petitioner need only make a colorable showing that the new law creates a genuine risk that he or she will be incarcerated longer under that new law than under the old law.’’ Johnson v. Commissioner of Corr

2021In other words, the clause forbids the application of any new punitive mea- sure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer.’’ (Citation omitted; internal quotation marks omitted.) Breton v. Commissioner of Correction, 330 Conn. 462, 470 , 196 A.3d 789 (2018). ‘‘To establish a cognizable claim under the ex post facto clause, therefore, a habeas petitioner need only make a colorable showing that the new law creates a genuine risk that he or she will be incarcerated longer under that new law than under the old law.’’ Johnson v. Commissioner of Corr

12021–2021
State v. Green green
conn · 2008
1 sentence

2021Jur. 2d, Contracts § 640 (2020). ‘‘The doctrine of frustration of purpose is given a narrow construction so as to preserve the certainty of contracts . . . .’’ (Footnote omitted.) Id., § 641.9 ‘‘The habeas judge, as the trier of facts, is the sole arbiter of the credibility of witnesses and the weight to be given to their testimony. . . . [T]his court cannot disturb the underlying facts found by the habeas court unless they are clearly erroneous . . . .’’ (Citation omitted; internal quotation marks omitted.) Brooks v. Commissioner of Correction, 105 Conn. App. 149, 153 , 937 A.2d 699 , cert. d

12021–2021
State v. Rice green
conn · 2008
1 sentence

2021Jur. 2d, Contracts § 640 (2020). ‘‘The doctrine of frustration of purpose is given a narrow construction so as to preserve the certainty of contracts . . . .’’ (Footnote omitted.) Id., § 641.9 ‘‘The habeas judge, as the trier of facts, is the sole arbiter of the credibility of witnesses and the weight to be given to their testimony. . . . [T]his court cannot disturb the underlying facts found by the habeas court unless they are clearly erroneous . . . .’’ (Citation omitted; internal quotation marks omitted.) Brooks v. Commissioner of Correction, 105 Conn. App. 149, 153 , 937 A.2d 699 , cert. d

12021–2021
Brooks v. Commissioner of Correction green
connappct · 2008
2 sentences

2021Jur. 2d, Contracts § 640 (2020). ‘‘The doctrine of frustration of purpose is given a narrow construction so as to preserve the certainty of contracts . . . .’’ (Footnote omitted.) Id., § 641.9 ‘‘The habeas judge, as the trier of facts, is the sole arbiter of the credibility of witnesses and the weight to be given to their testimony. . . . [T]his court cannot disturb the underlying facts found by the habeas court unless they are clearly erroneous . . . .’’ (Citation omitted; internal quotation marks omitted.) Brooks v. Commissioner of Correction, 105 Conn. App. 149, 153 , 937 A.2d 699 , cert. d

2021Jur. 2d, Contracts § 640 (2020). ‘‘The doctrine of frustration of purpose is given a narrow construction so as to preserve the certainty of contracts . . . .’’ (Footnote omitted.) Id., § 641.9 ‘‘The habeas judge, as the trier of facts, is the sole arbiter of the credibility of witnesses and the weight to be given to their testimony. . . . [T]his court cannot disturb the underlying facts found by the habeas court unless they are clearly erroneous . . . .’’ (Citation omitted; internal quotation marks omitted.) Brooks v. Commissioner of Correction, 105 Conn. App. 149, 153 , 937 A.2d 699 , cert. d

12021–2021
Charles v. Commissioner of Correction green
connappct · 2021
1 sentence

2021Therefore, our review of whether the facts as found by the habeas court constituted a violation of the petitioner’s constitutional right to effec- tive assistance of counsel is plenary.’’ (Internal quota- tion marks omitted.) Charles v. Commissioner of Cor- rection, 206 Conn. App. 341, 346 , A.3d (2021). ‘‘The sixth amendment to the United States constitu- tion guarantees a criminal defendant the assistance of counsel for his defense. . . .

12021–2021
Johnson v. Target Corp. green
scotus · 2013
1 sentence

2021Arnone v. Ebron, 569 U.S. 913 , 133 S. Ct. 1726 , 185 L.

12021–2021
Ledbetter v. Commissioner of Correction green
conn · 2005
12020–2020
State v. Killiebrew green
conn · 2017
12019–2019
Orcutt v. Commissioner of Correction green
conn · 2007
12019–2019
Wainwright v. Sykes green
scotus · 1977
12019–2019
Antwon W. v. Commissioner of Correction green
connappct · 2017
12019–2019
Salmon v. Commissioner of Correction green
connappct · 2017
12018–2018
Strobel v. Strobel green
conn · 2004
12017–2017
Sanders v. Commissioner of Correction green
conn · 2004
12017–2017
Sanders v. Commissioner of Correction green
connappct · 2004
12017–2017
Kearney v. Commissioner of Correction green
connappct · 2009
12016–2016
Barton v. City of Norwalk green
conn · 2011
12013–2013

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-54a (25) CT § Conn. Gen. Stat. § 53a-59 (12) CT § Conn. Gen. Stat. § 52-470 (11) CT § Conn. Gen. Stat. § 53a-48 (11) CT § Conn. Gen. Stat. § 51-199 (9) CT § Conn. Gen. Stat. § 53-21 (9) CT § Conn. Gen. Stat. § 53a-54c (9) CT § Conn. Gen. Stat. § 29-35 (8) CT § Conn. Gen. Stat. § 53a-134 (8) CT § Conn. Gen. Stat. § 53a-101 (7) CT § Conn. Gen. Stat. § 53a-49 (7) CT § Conn. Gen. Stat. § 53a-92 (7)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CT 76 (2002–2025) WY 5 (1988–2019) NJ 4 (1892–1951) IA 4 (1929–1975) OR 4 (2007–2018) FL 4 (1988–2018) PR 2 (1965–1969) OK 2 (1969–1977) PA 2 (2010–2024) ID 2 (2013–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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