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325 Connecticut opinions name it 3 courts 1989–2026 57 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.
| Case | Followed | Cited |
|---|---|---|
Hill v. Lockhartgreen2 sentences2026Cases, such as the present case, in which the petitioner’s conviction follows a guilty plea, are governed by Hill v. Lockhart, [474 U.S. 52, 58-60, 106 S. Ct. 366, 88 L. Ed. 2d 203 (1985)], which modified the prejudice prong of the Strickland test to focus on the extent to which counsel’s allegedly deficient performance affected the outcome of the plea process. 2026Cases, such as the present case, in which the petitioner’s conviction follows a guilty plea, are governed by Hill v. Lockhart, [474 U.S. 52, 58-60, 106 S. Ct. 366, 88 L. Ed. 2d 203 (1985)], which modified the prejudice prong of the Strickland test to focus on the extent to which counsel’s allegedly deficient performance affected the outcome of the plea process. | 5 | 37 |
| Fair v. Commissioner of Correctiongreen | 3 | 3 |
Johnson v. Commissioner of Correctiongreen2 sentences2018See Johnson v. Commissioner of Correction , 218 Conn. 403 , 419, 589 A.2d 1214 (1991) (reviewing court can find against petitioner on either prong of Strickland ); see also Martin v. Commissioner of Correction , 141 Conn. App. 99 , 102-103, 60 A.3d 997 ("[i]f ... the petitioner fail[s] to satisfy the performance prong of the Strickland standard, that determination is dispositive of the petitioner's habeas claims, and it is unnecessary for the court to reach the prejudice prong"), cert. denied, 308 Conn. 923 , 94 A.3d 638 (2013). 2018See Johnson v. Commissioner of Correction , 218 Conn. 403 , 419, 589 A.2d 1214 (1991) (reviewing court can find against petitioner on either prong of Strickland ); see also Martin v. Commissioner of Correction , 141 Conn. App. 99 , 102-103, 60 A.3d 997 ("[i]f ... the petitioner fail[s] to satisfy the performance prong of the Strickland standard, that determination is dispositive of the petitioner's habeas claims, and it is unnecessary for the court to reach the prejudice prong"), cert. denied, 308 Conn. 923 , 94 A.3d 638 (2013). | 2 | 47 |
Strickland v. Washingtongreen2 sentences2026To prevail on a claim of ineffective assistance of counsel, a habeas petitioner must satisfy the two-pronged test set forth in Strickland v. Washington, [466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984)] by ‘demonstrating that (1) counsel’s representation fell below an objective standard of reasonableness, and (2) counsel’s deficient performance prejudiced the defense because there was a reasonable probability that the outcome of the proceedings would have been different had it not been for the deficient performance.’ ” Barlow v. Commissioner of Correction, 343 Conn. 347, 354-55, 27 2026To prevail on a claim of ineffective assistance of counsel, a habeas petitioner must satisfy the two-pronged test set forth in Strickland v. Washington, [466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984)] by ‘demonstrating that (1) counsel’s representation fell below an objective standard of reasonableness, and (2) counsel’s deficient performance prejudiced the defense because there was a reasonable probability that the outcome of the proceedings would have been different had it not been for the deficient performance.’ ” Barlow v. Commissioner of Correction, 343 Conn. 347, 354-55, 27 | 2 | 20 |
| Carraway v. Commissioner of Correctiongreen | 2 | 3 |
| Bonds v. Commissioner of Correctiongreen | 2 | 3 |
| Washington v. Commissioner of Correctiongreen | 2 | 3 |
| Michael T. v. Commissioner of Correctiongreen | 2 | 3 |
| Elsey v. Commissioner of Correctiongreen | 2 | 2 |
Levine v. Mansongreen2 sentences1995In order to satisfy the prejudice prong of the Strickland test, the petitioner must prove, by a preponderance of the evidence, that there exists a reasonable probability that, but for counsel's unprofessional errors, the result of the proceedings would have been different, Levine v. Manson, 195 Conn. 636 (1985), p. 640. 1995In order to satisfy the prejudice prong of the Strickland test, the petitioner must prove, by a preponderance of the evidence, that there exists a reasonable probability that, but for counsel's unprofessional errors, the result of the proceedings would have been different, Levine v. Manson, 195 Conn. 636 (1985), p. 640. | 1 | 27 |
Lozada v. Warden, State Prisongreen2 sentences2021The second prong is thus satisfied if the petitioner can demonstrate that there is a reasonable probability that, but for that ineffectiveness, the outcome would have been different.’’ (Internal quotation marks omitted.) Horn v. Commissioner of Correction, 321 Conn. 767, 776 , 138 A.3d 908 (2016). ‘‘[When] applied to a claim of ineffective assistance of prior habeas counsel, the Strickland standard requires the petitioner to demonstrate that his prior habeas counsel’s performance was ineffective and that this ineffectiveness prejudiced the petitioner’s prior habeas proceeding. . . . [T]he peti 2021The second prong is thus satisfied if the petitioner can demonstrate that there is a reasonable probability that, but for that ineffectiveness, the outcome would have been different.’’ (Internal quotation marks omitted.) Horn v. Commissioner of Correction, 321 Conn. 767, 776 , 138 A.3d 908 (2016). ‘‘[When] applied to a claim of ineffective assistance of prior habeas counsel, the Strickland standard requires the petitioner to demonstrate that his prior habeas counsel’s performance was ineffective and that this ineffectiveness prejudiced the petitioner’s prior habeas proceeding. . . . [T]he peti | 1 | 13 |
Lewis v. Commissioner of Correctiongreen2 sentences2017"It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier." Lewis v. Commissioner of Correction , 165 Conn.App. 411 , 451, 139 A.3d 759 , cert. denied, 322 Conn. 901 , 138 A.3d 931 (2016), citing Strickland v. Washington , supra, 466 U.S. at 697 , 104 S.Ct. 2052 ("a court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the [petitioner]"). 2017"It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier." Lewis v. Commissioner of Correction , 165 Conn.App. 411 , 451, 139 A.3d 759 , cert. denied, 322 Conn. 901 , 138 A.3d 931 (2016), citing Strickland v. Washington , supra, 466 U.S. at 697 , 104 S.Ct. 2052 ("a court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the [petitioner]"). | 1 | 6 |
Copas v. Commissioner of Correctiongreen2 sentences2010Ed. 2d 708 (2003); State v. Wilcox, 254 Conn. 441, 454 , 758 A.2d 824 (2000) (Brady claim); Copas v. Commissioner of Correction, 234 Conn. 139, 155 , 662 A.2d 718 (1995) (Strickland claim); Fair v. Warden, 211 Conn. 398, 408 , 559 A.2d 1094 (Strickland claim), cert. denied, 493 U.S. 981 , 110 S. Ct. 512 , 107 L. 2010Ed. 2d 708 (2003); State v. Wilcox, 254 Conn. 441, 454 , 758 A.2d 824 (2000) (Brady claim); Copas v. Commissioner of Correction, 234 Conn. 139, 155 , 662 A.2d 718 (1995) (Strickland claim); Fair v. Warden, 211 Conn. 398, 408 , 559 A.2d 1094 (Strickland claim), cert. denied, 493 U.S. 981 , 110 S. Ct. 512 , 107 L. | 1 | 6 |
Denby v. Commissioner of Correctiongreen2 sentences2003Because both prongs of the Strickland test must be established for a habeas Petitioner to prevail, a court may dismiss a Petitioner's claim if he fails to meet either prong Denby v. Commissioner of Correction, 66 Conn. App. 809 , 813 , 786 A.2d 442 (2001), cert. denied, 259 Conn. 908 , 789 A.2d 994 (2002). 2003Because both prongs of the Strickland test must be established for a habeas Petitioner to prevail, a court may dismiss a Petitioner's claim if he fails to meet either prong Denby v. Commissioner of Correction, 66 Conn. App. 809 , 813 , 786 A.2d 442 (2001), cert. denied, 259 Conn. 908 , 789 A.2d 994 (2002). | 1 | 6 |
Colon v. Commissioner of Correctiongreen2 sentences2022A reasonable probability is a probability sufficient to undermine confidence in the outcome.’’ (Internal quotation marks omitted.) Wargo v. Commissioner of Correction, 144 Conn. App. 695 , 700-702, 73 A.3d 821 (2013), appeal dismissed, 316 Conn. 180 , 112 A.3d 777 (2015). ‘‘It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier.’’ (Internal quotation marks omitted.) Flomo v. Commissioner of Correction, 169 Conn. App. 266, 278 , 149 A.3d 185 (2016), cert. denied, 324 Conn. 906 , 152 A.3d 544 (2017). ‘‘[T]he petitioner’s failure 2022A reasonable probability is a probability sufficient to undermine confidence in the outcome.’’ (Internal quotation marks omitted.) Wargo v. Commissioner of Correction, 144 Conn. App. 695 , 700-702, 73 A.3d 821 (2013), appeal dismissed, 316 Conn. 180 , 112 A.3d 777 (2015). ‘‘It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier.’’ (Internal quotation marks omitted.) Flomo v. Commissioner of Correction, 169 Conn. App. 266, 278 , 149 A.3d 185 (2016), cert. denied, 324 Conn. 906 , 152 A.3d 544 (2017). ‘‘[T]he petitioner’s failure | 1 | 5 |
King v. Commissioner of Correctiongreen2 sentences2018"Because both prongs of the Strickland test must be established for a habeas petitioner to prevail, a court may dismiss a petitioner's claim if he fails to meet either prong." King v. Commissioner of Correction , 73 Conn. App. 600 , 602-603, 808 A.2d 1166 (2002), cert. denied, 262 Conn. 931 , 815 A.2d 133 (2003). 2018"Because both prongs of the Strickland test must be established for a habeas petitioner to prevail, a court may dismiss a petitioner's claim if he fails to meet either prong." King v. Commissioner of Correction , 73 Conn. App. 600 , 602-603, 808 A.2d 1166 (2002), cert. denied, 262 Conn. 931 , 815 A.2d 133 (2003). | 1 | 5 |
Denby v. Commissioner of Correctiongreen2 sentences2003Because both prongs of the Strickland test must be established for a habeas Petitioner to prevail, a court may dismiss a Petitioner's claim if he fails to meet either prong Denby v. Commissioner of Correction, 66 Conn. App. 809 , 813 , 786 A.2d 442 (2001), cert. denied, 259 Conn. 908 , 789 A.2d 994 (2002). 2003Because both prongs of the Strickland test must be established for a habeas Petitioner to prevail, a court may dismiss a Petitioner's claim if he fails to meet either prong Denby v. Commissioner of Correction, 66 Conn. App. 809 , 813 , 786 A.2d 442 (2001), cert. denied, 259 Conn. 908 , 789 A.2d 994 (2002). | 1 | 5 |
Ebron v. Commissioner of Correctiongreen2 sentences2023The habeas court concluded that ‘‘[t]he connection between [the petitioner] and his uncle, although it led to him turning himself in on the warrant, also embodied the potential of the state’s having an inflexible approach to ward off claims of favoritism toward [the petitioner].’’ The habeas court made no finding that McWhirter was aware of the petitioner’s hope that he would receive a favorable outcome because of his uncle’s position in the prosecutor’s office. 4 To satisfy the prejudice prong of the Strickland test when counsel’s advice has led to the rejection of a plea offer, the petitione 2023The habeas court concluded that ‘‘[t]he connection between [the petitioner] and his uncle, although it led to him turning himself in on the warrant, also embodied the potential of the state’s having an inflexible approach to ward off claims of favoritism toward [the petitioner].’’ The habeas court made no finding that McWhirter was aware of the petitioner’s hope that he would receive a favorable outcome because of his uncle’s position in the prosecutor’s office. 4 To satisfy the prejudice prong of the Strickland test when counsel’s advice has led to the rejection of a plea offer, the petitione | 1 | 4 |
Small v. Commissioner of Correctiongreen2 sentences2017"To satisfy the performance prong [of the Strickland test], a claimant must demonstrate that counsel made errors so serious that counsel was not functioning as the counsel guaranteed ... by the [s]ixth [a]mendment." (Internal quotation marks omitted.) Small v. Commissioner of Correction , 286 Conn. 707 , 713, 946 A.2d 1203 , cert. denied sub nom. 2017"To satisfy the performance prong [of the Strickland test], a claimant must demonstrate that counsel made errors so serious that counsel was not functioning as the counsel guaranteed ... by the [s]ixth [a]mendment." (Internal quotation marks omitted.) Small v. Commissioner of Correction , 286 Conn. 707 , 713, 946 A.2d 1203 , cert. denied sub nom. | 1 | 4 |
| Santaniello v. Commissioner of Correctiongreen | 1 | 3 |
| Valeriano v. Bronsongreen | 1 | 3 |
| Mozell v. Commissioner of Correctiongreen | 1 | 3 |
| Lemoine v. Commissionergreen | 1 | 3 |
| Fair v. Wardengreen | 1 | 3 |
| Barlow v. Commissioner of Correctiongreen | 1 | 2 |
| Ricardo R. v. Commissioner of Correctiongreen | 1 | 2 |
| Skakel v. Comm'r of Corr.green | 1 | 2 |
| Smith v. Commissioner of Correctiongreen | 1 | 2 |
| Smith v. Commissioner of Correctiongreen | 1 | 2 |
| Williams v. Taylorgreen | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ostolaza v. Warden
green
2 sentences2008To meet the second prong of the Strickland test, the petitioner must show that “counsel’s errors were so serious as to deprive [him] of a fair trial, a trial whose result is reliable.” Strickland v. Washington, supra, 466 U.S. 687 . “[T]he petitioner’s burden of proving that afundamental unfairness [has] been done is not met by speculation but by demonstrable realities.” Ostolaza v. Warden, 26 Conn. App. 758, 765 , 603 A.2d 768 , cert. denied. 222 Conn. 906 , 608 A.2d 692 (1992). 2008To meet the second prong of the Strickland test, the petitioner must show that “counsel’s errors were so serious as to deprive [him] of a fair trial, a trial whose result is reliable.” Strickland v. Washington, supra, 466 U.S. 687 . “[T]he petitioner’s burden of proving that afundamental unfairness [has] been done is not met by speculation but by demonstrable realities.” Ostolaza v. Warden, 26 Conn. App. 758, 765 , 603 A.2d 768 , cert. denied. 222 Conn. 906 , 608 A.2d 692 (1992). | 49 | 1993–2021 |
Bunkley v. Commissioner of Correction
red
2 sentences2008“The seminal case of Bunkley v. Commissioner of Correction, [ 222 Conn. 444 , 610 A.2d 598 (1992)], considered the prejudice prong of the Strickland analysis in claims of ineffective assistance of appellate counsel. 2008“The seminal case of Bunkley v. Commissioner of Correction, [ 222 Conn. 444 , 610 A.2d 598 (1992)], considered the prejudice prong of the Strickland analysis in claims of ineffective assistance of appellate counsel. | 29 | 1993–2008 |
Flomo v. Commissioner of Correction
green
2 sentences2022A reasonable probability is a probability sufficient to undermine confidence in the outcome.’’ (Internal quotation marks omitted.) Wargo v. Commissioner of Correction, 144 Conn. App. 695 , 700-702, 73 A.3d 821 (2013), appeal dismissed, 316 Conn. 180 , 112 A.3d 777 (2015). ‘‘It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier.’’ (Internal quotation marks omitted.) Flomo v. Commissioner of Correction, 169 Conn. App. 266, 278 , 149 A.3d 185 (2016), cert. denied, 324 Conn. 906 , 152 A.3d 544 (2017). ‘‘[T]he petitioner’s failure 2022A reasonable probability is a probability sufficient to undermine confidence in the outcome.’’ (Internal quotation marks omitted.) Wargo v. Commissioner of Correction, 144 Conn. App. 695 , 700-702, 73 A.3d 821 (2013), appeal dismissed, 316 Conn. 180 , 112 A.3d 777 (2015). ‘‘It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier.’’ (Internal quotation marks omitted.) Flomo v. Commissioner of Correction, 169 Conn. App. 266, 278 , 149 A.3d 185 (2016), cert. denied, 324 Conn. 906 , 152 A.3d 544 (2017). ‘‘[T]he petitioner’s failure | 7 | 2017–2022 |
Flomo v. Comm'r of Corr.
green
2 sentences2022A reasonable probability is a probability sufficient to undermine confidence in the outcome.’’ (Internal quotation marks omitted.) Wargo v. Commissioner of Correction, 144 Conn. App. 695 , 700-702, 73 A.3d 821 (2013), appeal dismissed, 316 Conn. 180 , 112 A.3d 777 (2015). ‘‘It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier.’’ (Internal quotation marks omitted.) Flomo v. Commissioner of Correction, 169 Conn. App. 266, 278 , 149 A.3d 185 (2016), cert. denied, 324 Conn. 906 , 152 A.3d 544 (2017). ‘‘[T]he petitioner’s failure 2022A reasonable probability is a probability sufficient to undermine confidence in the outcome.’’ (Internal quotation marks omitted.) Wargo v. Commissioner of Correction, 144 Conn. App. 695 , 700-702, 73 A.3d 821 (2013), appeal dismissed, 316 Conn. 180 , 112 A.3d 777 (2015). ‘‘It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier.’’ (Internal quotation marks omitted.) Flomo v. Commissioner of Correction, 169 Conn. App. 266, 278 , 149 A.3d 185 (2016), cert. denied, 324 Conn. 906 , 152 A.3d 544 (2017). ‘‘[T]he petitioner’s failure | 7 | 2017–2022 |
Johnson v. Commissioner of Correction
green
2 sentences2017Johnson v. Commissioner of Correction , 285 Conn. 556 , 569-70, 941 A.2d 248 (2008) ; see also Valeriano v. Bronson , 209 Conn. 75 , 83-85, 546 A.2d 1380 (1988) ("[T]he cause and prejudice test is unnecessary when a habeas court is faced with a claim formulated within the narrow confines of ineffective assistance of appellate counsel.... [W]e conclude that it is simpler and more appropriate to move directly to the Strickland test." [Citations omitted.] ). 2017Johnson v. Commissioner of Correction , 285 Conn. 556 , 569-70, 941 A.2d 248 (2008) ; see also Valeriano v. Bronson , 209 Conn. 75 , 83-85, 546 A.2d 1380 (1988) ("[T]he cause and prejudice test is unnecessary when a habeas court is faced with a claim formulated within the narrow confines of ineffective assistance of appellate counsel.... [W]e conclude that it is simpler and more appropriate to move directly to the Strickland test." [Citations omitted.] ). | 7 | 2008–2018 |
Boyd v. Commissioner of Correction
green
2 sentences2016"To satisfy the performance prong [of the Strickland test] ... the petitioner must demonstrate that his attorney's representation was not reasonably competent or within the range of competence displayed by lawyers with ordinary training and skill in the criminal law."(Internal quotation marks omitted.) Boyd v. Commissioner of Correction, 130 Conn.App. 291 , 294-95, 21 A.3d 969 , cert. denied, 302 Conn. 926 , 28 A.3d 337 (2011). "[A] court must indulge a strong presumption that counsel's conduct falls within the wide range of *684 reasonable professional assistance; that is, the [petitioner] mu 2016"To satisfy the performance prong [of the Strickland test] ... the petitioner must demonstrate that his attorney's representation was not reasonably competent or within the range of competence displayed by lawyers with ordinary training and skill in the criminal law."(Internal quotation marks omitted.) Boyd v. Commissioner of Correction, 130 Conn.App. 291 , 294-95, 21 A.3d 969 , cert. denied, 302 Conn. 926 , 28 A.3d 337 (2011). "[A] court must indulge a strong presumption that counsel's conduct falls within the wide range of *684 reasonable professional assistance; that is, the [petitioner] mu | 6 | 2013–2016 |
Orellana v. Commissioner of Correction
neutral
2 sentences2016"To satisfy the performance prong [of the Strickland test] ... the petitioner must demonstrate that his attorney's representation was not reasonably competent or within the range of competence displayed by lawyers with ordinary training and skill in the criminal law."(Internal quotation marks omitted.) Boyd v. Commissioner of Correction, 130 Conn.App. 291 , 294-95, 21 A.3d 969 , cert. denied, 302 Conn. 926 , 28 A.3d 337 (2011). "[A] court must indulge a strong presumption that counsel's conduct falls within the wide range of *684 reasonable professional assistance; that is, the [petitioner] mu 2016"To satisfy the performance prong [of the Strickland test] ... the petitioner must demonstrate that his attorney's representation was not reasonably competent or within the range of competence displayed by lawyers with ordinary training and skill in the criminal law."(Internal quotation marks omitted.) Boyd v. Commissioner of Correction, 130 Conn.App. 291 , 294-95, 21 A.3d 969 , cert. denied, 302 Conn. 926 , 28 A.3d 337 (2011). "[A] court must indulge a strong presumption that counsel's conduct falls within the wide range of *684 reasonable professional assistance; that is, the [petitioner] mu | 6 | 2013–2016 |
Thurlow v. HULTEN
green
2 sentences2016"To satisfy the performance prong [of the Strickland test] ... the petitioner must demonstrate that his attorney's representation was not reasonably competent or within the range of competence displayed by lawyers with ordinary training and skill in the criminal law."(Internal quotation marks omitted.) Boyd v. Commissioner of Correction, 130 Conn.App. 291 , 294-95, 21 A.3d 969 , cert. denied, 302 Conn. 926 , 28 A.3d 337 (2011). "[A] court must indulge a strong presumption that counsel's conduct falls within the wide range of *684 reasonable professional assistance; that is, the [petitioner] mu 2016"To satisfy the performance prong [of the Strickland test] ... the petitioner must demonstrate that his attorney's representation was not reasonably competent or within the range of competence displayed by lawyers with ordinary training and skill in the criminal law."(Internal quotation marks omitted.) Boyd v. Commissioner of Correction, 130 Conn.App. 291 , 294-95, 21 A.3d 969 , cert. denied, 302 Conn. 926 , 28 A.3d 337 (2011). "[A] court must indulge a strong presumption that counsel's conduct falls within the wide range of *684 reasonable professional assistance; that is, the [petitioner] mu | 6 | 2013–2016 |
Evans v. Warden
green
2 sentences2026In habeas cases, “[w]hile . . . expert testimony is not necessarily required in every case raising a Strickland inquiry . . . presenting expert testimony may help a petitioner carry his burden in demonstrating deficient performance.” (Citation omitted.) Ricardo R. v. Commissioner of Correction, 185 Conn. App. 787 , 802 n.8, 198 A.3d 630 (2018), cert. denied, 330 Conn. 959 , 199 A.3d 560 (2019). “[N]ot every petitioner claiming ineffective assistance of counsel need present expert testimony, because as in some . . . professional malpractice cases, the acts complained of will be such that the tr 2026In habeas cases, “[w]hile . . . expert testimony is not necessarily required in every case raising a Strickland inquiry . . . presenting expert testimony may help a petitioner carry his burden in demonstrating deficient performance.” (Citation omitted.) Ricardo R. v. Commissioner of Correction, 185 Conn. App. 787 , 802 n.8, 198 A.3d 630 (2018), cert. denied, 330 Conn. 959 , 199 A.3d 560 (2019). “[N]ot every petitioner claiming ineffective assistance of counsel need present expert testimony, because as in some . . . professional malpractice cases, the acts complained of will be such that the tr | 5 | 1992–2026 |
Padilla v. Kentucky
green
2 sentences2019It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier.’’ (Citations omitted; footnote omitted; internal quotation marks omitted.) Flomo v. Commissioner of Correction, 169 Conn. App. 266 , 277-78, 149 A.3d 185 (2016), cert. denied, 324 Conn. 906 , 152 A.3d 544 (2017). ‘‘In its analysis, a reviewing court may look to the performance prong or the prejudice prong, and the petitioner’s failure to prove either is fatal to a habeas petition.’’ (Internal quotation marks omitted.) Colon v. Commissioner of Correction, 179 Conn. App. 30, 2019It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier.’’ (Citations omitted; footnote omitted; internal quotation marks omitted.) Flomo v. Commissioner of Correction, 169 Conn. App. 266 , 277-78, 149 A.3d 185 (2016), cert. denied, 324 Conn. 906 , 152 A.3d 544 (2017). ‘‘In its analysis, a reviewing court may look to the performance prong or the prejudice prong, and the petitioner’s failure to prove either is fatal to a habeas petition.’’ (Internal quotation marks omitted.) Colon v. Commissioner of Correction, 179 Conn. App. 30, | 5 | 2013–2022 |
Harris v. Commissioner of Correction
green
2 sentences2021The second prong is thus satisfied if the petitioner can demonstrate that there is a reasonable probability that, but for that ineffectiveness, the outcome would have been different.’’ (Internal quotation marks omitted.) Horn v. Commissioner of Correction, 321 Conn. 767, 776 , 138 A.3d 908 (2016). ‘‘[When] applied to a claim of ineffective assistance of prior habeas counsel, the Strickland standard requires the petitioner to demonstrate that his prior habeas counsel’s performance was ineffective and that this ineffectiveness prejudiced the petitioner’s prior habeas proceeding. . . . [T]he peti 2021The second prong is thus satisfied if the petitioner can demonstrate that there is a reasonable probability that, but for that ineffectiveness, the outcome would have been different.’’ (Internal quotation marks omitted.) Horn v. Commissioner of Correction, 321 Conn. 767, 776 , 138 A.3d 908 (2016). ‘‘[When] applied to a claim of ineffective assistance of prior habeas counsel, the Strickland standard requires the petitioner to demonstrate that his prior habeas counsel’s performance was ineffective and that this ineffectiveness prejudiced the petitioner’s prior habeas proceeding. . . . [T]he peti | 5 | 2009–2021 |
Aillon v. Meachum
green
2 sentences2015If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice . . . that course should be followed.’’ Aillon v. Meachum, 211 Conn. 352, 362 , 559 A.2d 206 (1989), quoting Strickland v. Washington, supra, 697 ; King v. Commissioner of Correction, 73 Conn. App. 600 , 602–603, 808 A.2d 1166 (2002) (‘‘[b]ecause both prongs of the Strickland test must be established for a habeas petitioner to prevail, a court may dismiss a petitioner’s claim if he fails to meet either prong’’), cert. denied, 262 Conn. 931 , 815 A.2d 133 (2003). 2 General Statutes (Rev. to 2001 2015If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice . . . that course should be followed.’’ Aillon v. Meachum, 211 Conn. 352, 362 , 559 A.2d 206 (1989), quoting Strickland v. Washington, supra, 697 ; King v. Commissioner of Correction, 73 Conn. App. 600 , 602–603, 808 A.2d 1166 (2002) (‘‘[b]ecause both prongs of the Strickland test must be established for a habeas petitioner to prevail, a court may dismiss a petitioner’s claim if he fails to meet either prong’’), cert. denied, 262 Conn. 931 , 815 A.2d 133 (2003). 2 General Statutes (Rev. to 2001 | 5 | 1989–2015 |
Holloway v. Commissioner of Correction
green
2 sentences2022Because both prongs . . . must be established for a habeas petitioner to prevail, a court may dismiss a petitioner’s claim if he fails to meet either prong. . . . ‘‘To satisfy the performance prong [of the Strickland test] the petitioner must demonstrate that his attorney’s representation was not reasonably competent or within the range of competence displayed by lawyers with ordinary training and skill in the criminal law. . . . [A] court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the [petitioner] must o 2022Because both prongs . . . must be established for a habeas petitioner to prevail, a court may dismiss a petitioner’s claim if he fails to meet either prong. . . . ‘‘To satisfy the performance prong [of the Strickland test] the petitioner must demonstrate that his attorney’s representation was not reasonably competent or within the range of competence displayed by lawyers with ordinary training and skill in the criminal law. . . . [A] court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the [petitioner] must o | 4 | 2015–2022 |
Ostolaza v. Warden
green
2 sentences2008To meet the second prong of the Strickland test, the petitioner must show that “counsel’s errors were so serious as to deprive [him] of a fair trial, a trial whose result is reliable.” Strickland v. Washington, supra, 466 U.S. 687 . “[T]he petitioner’s burden of proving that afundamental unfairness [has] been done is not met by speculation but by demonstrable realities.” Ostolaza v. Warden, 26 Conn. App. 758, 765 , 603 A.2d 768 , cert. denied. 222 Conn. 906 , 608 A.2d 692 (1992). 2008To meet the second prong of the Strickland test, the petitioner must show that “counsel’s errors were so serious as to deprive [him] of a fair trial, a trial whose result is reliable.” Strickland v. Washington, supra, 466 U.S. 687 . “[T]he petitioner’s burden of proving that afundamental unfairness [has] been done is not met by speculation but by demonstrable realities.” Ostolaza v. Warden, 26 Conn. App. 758, 765 , 603 A.2d 768 , cert. denied. 222 Conn. 906 , 608 A.2d 692 (1992). | 4 | 1994–2021 |
Crawford v. Commissioner of Correction
green
2 sentences2008Hill . . . which . . . modified the prejudice prong of the Strickland test for claims of ineffective assistance when the conviction resulted from a guilty plea, the evidence must demonstrate that there is a reasonable probability that, but for counsel’s errors, [the defendant] would not have pleaded guilty and would have insisted on going to trial.” (Citations omitted; emphasis in original; internal quotation marks omitted.) Crawford v. Commissioner of Correction, 285 Conn. 585, 598 , 940 A.2d 789 (2008). 2008Hill . . . which . . . modified the prejudice prong of the Strickland test for claims of ineffective assistance when the conviction resulted from a guilty plea, the evidence must demonstrate that there is a reasonable probability that, but for counsel’s errors, [the defendant] would not have pleaded guilty and would have insisted on going to trial.” (Citations omitted; emphasis in original; internal quotation marks omitted.) Crawford v. Commissioner of Correction, 285 Conn. 585, 598 , 940 A.2d 789 (2008). | 4 | 2008–2017 |
Do v. Comm'r of Motor Vehicles
green
2 sentences2017"It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier." Lewis v. Commissioner of Correction , 165 Conn.App. 411 , 451, 139 A.3d 759 , cert. denied, 322 Conn. 901 , 138 A.3d 931 (2016), citing Strickland v. Washington , supra, 466 U.S. at 697 , 104 S.Ct. 2052 ("a court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the [petitioner]"). 2017"It is axiomatic that courts may decide against a petitioner on either prong [of the Strickland test], whichever is easier." Lewis v. Commissioner of Correction , 165 Conn.App. 411 , 451, 139 A.3d 759 , cert. denied, 322 Conn. 901 , 138 A.3d 931 (2016), citing Strickland v. Washington , supra, 466 U.S. at 697 , 104 S.Ct. 2052 ("a court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the [petitioner]"). | 4 | 2017–2017 |
Harris v. Commissioner of Correction
green
2 sentences2015Rather, [t]he [petitioner] must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’’ (Citations omit- ted; internal quotation marks omitted.) Holloway v. Commissioner of Correction, 145 Conn. App. 353 , 364– 65, 77 A.3d 777 (2013). ‘‘A reasonable probability is a probability sufficient to undermine confidence in the outcome.’’ Strickland v. Washington, supra, 466 U.S. 694 . ‘‘[When] applied to a claim of ineffective assistance of prior habeas counsel, the Strickland standard requires the petitioner 2015Rather, [t]he [petitioner] must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’’ (Citations omit- ted; internal quotation marks omitted.) Holloway v. Commissioner of Correction, 145 Conn. App. 353 , 364– 65, 77 A.3d 777 (2013). ‘‘A reasonable probability is a probability sufficient to undermine confidence in the outcome.’’ Strickland v. Washington, supra, 466 U.S. 694 . ‘‘[When] applied to a claim of ineffective assistance of prior habeas counsel, the Strickland standard requires the petitioner | 4 | 2009–2015 |
| Williams v. Commissioner of Correction green | 4 | 2012–2013 |
| Soto v. Commissioner of Correction green | 3 | 2024–2025 |
| Lafler v. Cooper green | 3 | 2018–2025 |
| Florida v. Nixon green | 3 | 2022–2025 |
| Arnone v. Ebron neutral | 3 | 2016–2023 |
| Ham v. Commissioner of Correction neutral | 3 | 2015–2022 |
| Echeverria v. Commissioner of Correction green | 3 | 2019–2019 |
| Lewis v. Commissioner of Correction green | 3 | 2007–2017 |
| Niver v. Commissioner of Correction green | 3 | 2007–2013 |
| Williams v. Commissioner of Correction neutral | 3 | 2012–2013 |
| Carter v. Commissioner of Correction neutral | 3 | 2012–2013 |
| Johnson v. Commissioner of Correction green | 3 | 2005–2010 |
| Johnson v. Commissioner of Correction green | 3 | 2005–2010 |
| Sekou v. Warden green | 3 | 1992–2007 |
| Quintana v. Warden green | 3 | 1991–1998 |
| Cruz v. Commissioner of Correction green | 2 | 2022–2026 |
| Walker v. Commissioner of Correction green | 2 | 2025–2026 |
| Dearing v. Commissioner of Correction neutral | 2 | 2025–2026 |
| Crenshaw v. Commissioner of Correction neutral | 2 | 2024–2025 |
| Jordan v. Commissioner of Correction green | 2 | 2024–2024 |
| Sewell v. Commissioner of Correction neutral | 2 | 2021–2022 |
| Kellman v. Commissioner of Correction green | 2 | 2019–2022 |
| Crawley v. Commissioner of Correction green | 2 | 2022–2022 |
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.
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.