Strickland test (Connecticut) · Go Syfert
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Strickland test in Connecticut

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.

Followed or applied (30)

CaseFollowedCited
Hill v. Lockhartgreen
scotus · 1985 · cited in 37 Connecticut opinions naming this issue, 1995–2026
2 sentences

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.

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.

537
Fair v. Commissioner of Correctiongreen
connappct · 2021 · cited in 3 Connecticut opinions naming this issue, 2021–2026
33
Johnson v. Commissioner of Correctiongreen
conn · 1991 · cited in 47 Connecticut opinions naming this issue, 1993–2021
2 sentences

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).

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).

247
Strickland v. Washingtongreen
scotus · 1984 · cited in 20 Connecticut opinions naming this issue, 1990–2026
2 sentences

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

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

220
Carraway v. Commissioner of Correctiongreen
connappct · 2013 · cited in 3 Connecticut opinions naming this issue, 2016–2026
23
Bonds v. Commissioner of Correctiongreen
connappct · 2024 · cited in 3 Connecticut opinions naming this issue, 2024–2026
23
Washington v. Commissioner of Correctiongreen
conn · 2008 · cited in 3 Connecticut opinions naming this issue, 2010–2020
23
Michael T. v. Commissioner of Correctiongreen
conn · 2015 · cited in 3 Connecticut opinions naming this issue, 2016–2019
23
Elsey v. Commissioner of Correctiongreen
connappct · 2011 · cited in 2 Connecticut opinions naming this issue, 2017–2017
22
Levine v. Mansongreen
conn · 1985 · cited in 27 Connecticut opinions naming this issue, 1993–2021
2 sentences

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.

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.

127
Lozada v. Warden, State Prisongreen
conn · 1992 · cited in 13 Connecticut opinions naming this issue, 2009–2024
2 sentences

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

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

113
Lewis v. Commissioner of Correctiongreen
connappct · 2016 · cited in 6 Connecticut opinions naming this issue, 2016–2017
2 sentences

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]").

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]").

16
Copas v. Commissioner of Correctiongreen
conn · 1995 · cited in 6 Connecticut opinions naming this issue, 1995–2010
2 sentences

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.

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.

16
Denby v. Commissioner of Correctiongreen
connappct · 2001 · cited in 6 Connecticut opinions naming this issue, 2001–2009
2 sentences

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).

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).

16
Colon v. Commissioner of Correctiongreen
connappct · 2017 · cited in 5 Connecticut opinions naming this issue, 2019–2023
2 sentences

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

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

15
King v. Commissioner of Correctiongreen
connappct · 2002 · cited in 5 Connecticut opinions naming this issue, 2003–2018
2 sentences

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).

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).

15
Denby v. Commissioner of Correctiongreen
conn · 2002 · cited in 5 Connecticut opinions naming this issue, 2002–2009
2 sentences

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).

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).

15
Ebron v. Commissioner of Correctiongreen
connappct · 2010 · cited in 4 Connecticut opinions naming this issue, 2019–2024
2 sentences

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

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

14
Small v. Commissioner of Correctiongreen
conn · 2008 · cited in 4 Connecticut opinions naming this issue, 2013–2017
2 sentences

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.

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.

14
Santaniello v. Commissioner of Correctiongreen
connappct · 2014 · cited in 3 Connecticut opinions naming this issue, 2015–2017
13
Valeriano v. Bronsongreen
conn · 1988 · cited in 3 Connecticut opinions naming this issue, 1992–2017
13
Mozell v. Commissioner of Correctiongreen
conn · 2009 · cited in 3 Connecticut opinions naming this issue, 2010–2016
13
Lemoine v. Commissionergreen
conn · 2003 · cited in 3 Connecticut opinions naming this issue, 2007–2016
13
Fair v. Wardengreen
conn · 1989 · cited in 3 Connecticut opinions naming this issue, 2000–2016
13
Barlow v. Commissioner of Correctiongreen
conn · 2022 · cited in 2 Connecticut opinions naming this issue, 2024–2026
12
Ricardo R. v. Commissioner of Correctiongreen
connappct · 2018 · cited in 2 Connecticut opinions naming this issue, 2024–2026
12
Skakel v. Comm'r of Corr.green
conn · 2018 · cited in 2 Connecticut opinions naming this issue, 2019–2022
12
Smith v. Commissioner of Correctiongreen
connappct · 2005 · cited in 2 Connecticut opinions naming this issue, 2006–2019
12
Smith v. Commissioner of Correctiongreen
conn · 2005 · cited in 2 Connecticut opinions naming this issue, 2006–2019
12
Williams v. Taylorgreen
scotus · 2000 · cited in 2 Connecticut opinions naming this issue, 2010–2018
12

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 (50)

CaseCitedYears
Ostolaza v. Warden green
connappct · 1992
2 sentences

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).

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).

491993–2021
Bunkley v. Commissioner of Correction red
conn · 1992
2 sentences

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.

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.

291993–2008
Flomo v. Commissioner of Correction green
connappct · 2016
2 sentences

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

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

72017–2022
Flomo v. Comm'r of Corr. green
conn · 2017
2 sentences

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

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

72017–2022
Johnson v. Commissioner of Correction green
conn · 2008
2 sentences

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.] ).

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.] ).

72008–2018
Boyd v. Commissioner of Correction green
connappct · 2011
2 sentences

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

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

62013–2016
Orellana v. Commissioner of Correction neutral
connappct · 2012
2 sentences

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

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

62013–2016
Thurlow v. HULTEN green
conn · 2011
2 sentences

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

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

62013–2016
Evans v. Warden green
connappct · 1992
2 sentences

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

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

51992–2026
Padilla v. Kentucky green
scotus · 2010
2 sentences

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,

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,

52013–2022
Harris v. Commissioner of Correction green
connappct · 2008
2 sentences

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

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

52009–2021
Aillon v. Meachum green
conn · 1989
2 sentences

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

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

51989–2015
Holloway v. Commissioner of Correction green
connappct · 2013
2 sentences

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

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

42015–2022
Ostolaza v. Warden green
conn · 1992
2 sentences

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).

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).

41994–2021
Crawford v. Commissioner of Correction green
conn · 2008
2 sentences

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).

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).

42008–2017
Do v. Comm'r of Motor Vehicles green
conn · 2016
2 sentences

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]").

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]").

42017–2017
Harris v. Commissioner of Correction green
conn · 2008
2 sentences

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

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

42009–2015
Williams v. Commissioner of Correction green
connappct · 2012
42012–2013
Soto v. Commissioner of Correction green
connappct · 2022
32024–2025
Lafler v. Cooper green
scotus · 2012
32018–2025
Florida v. Nixon green
scotus · 2004
32022–2025
Arnone v. Ebron neutral
scotus · 2013
32016–2023
Ham v. Commissioner of Correction neutral
connappct · 2014
32015–2022
Echeverria v. Commissioner of Correction green
connappct · 2019
32019–2019
Lewis v. Commissioner of Correction green
connappct · 2005
32007–2017
Niver v. Commissioner of Correction green
connappct · 2007
32007–2013
Williams v. Commissioner of Correction neutral
conn · 2012
32012–2013
Carter v. Commissioner of Correction neutral
conn · 2012
32012–2013
Johnson v. Commissioner of Correction green
conn · 1995
32005–2010
Johnson v. Commissioner of Correction green
connappct · 1995
32005–2010
Sekou v. Warden green
conn · 1990
31992–2007
Quintana v. Warden green
conn · 1991
31991–1998
Cruz v. Commissioner of Correction green
connappct · 2021
22022–2026
Walker v. Commissioner of Correction green
connappct · 2025
22025–2026
Dearing v. Commissioner of Correction neutral
connappct · 2025
22025–2026
Crenshaw v. Commissioner of Correction neutral
connappct · 2022
22024–2025
Jordan v. Commissioner of Correction green
conn · 2021
22024–2024
Sewell v. Commissioner of Correction neutral
connappct · 2016
22021–2022
Kellman v. Commissioner of Correction green
connappct · 2017
22019–2022
Crawley v. Commissioner of Correction green
connappct · 2019
22022–2022

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-54a (60) CT § Conn. Gen. Stat. § 52-470 (36) CT § Conn. Gen. Stat. § 53-21 (29) CT § Conn. Gen. Stat. § 53a-48 (29) CT § Conn. Gen. Stat. § 53a-59 (28) CT § Conn. Gen. Stat. § 53a-134 (26) CT § Conn. Gen. Stat. § 53a-49 (25) CT § Conn. Gen. Stat. § 53a-70 (25) CT § Conn. Gen. Stat. § 53a-54c (19) CT § Conn. Gen. Stat. § 53a-217 (17) CT § Conn. Gen. Stat. § 29-35 (16) CT § Conn. Gen. Stat. § 53-202k (15)

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

TX 3273 (1984–2026) IL 2121 (1978–2026) TN 1592 (1989–2026) OH 1123 (1987–2026) GA 1078 (1986–2026) NJ 679 (1987–2026) MO 438 (1958–2025) MS 396 (1984–2026) FL 392 (1985–2026) PA 371 (1987–2026) CT 325 (1989–2026) IN 313 (1985–2025) WI 229 (1972–2026) WA 208 (1986–2026) DE 197 (1988–2026) MT 193 (1986–2026) CA 188 (1987–2026) UT 182 (1987–2026) AR 178 (1986–2026) ID 165 (1986–2026) CO 141 (1987–2026) IA 133 (1987–2026) AL 124 (1985–2026) ND 118 (1987–2026) AZ 112 (1984–2026) LA 111 (1992–2026) KS 111 (1992–2026) MN 106 (1986–2026) NC 104 (1985–2026) MI 89 (1988–2026) KY 87 (1985–2026) OK 78 (1986–2026) NE 75 (1988–2025) DC 72 (1984–2026) NY 67 (1985–2026) MD 65 (1987–2026) RI 55 (1987–2024) SC 51 (1987–2025) ME 48 (1997–2026) NV 43 (1994–2024) VA 40 (1987–2025) SD 38 (1987–2024) NM 37 (1993–2022) WY 36 (1987–2025) WV 35 (1995–2024) VT 20 (1992–2026) MA 9 (1990–2025) NH 8 (1987–2020) HI 5 (1986–2020) AK 4 (2019–2025) VI 4 (2007–2010) OR 3 (2013–2022) GU 3 (2023–2025)

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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