AC46884 - Roberto A. v. Commissioner of Correction (“In this
appeal we again consider the parameters of the presumption of competence in
determining whether trial counsel performed deficiently in representing a
petitioner at his criminal trial. The respondent, the Commissioner of
Correction, appeals from the judgment of the habeas court granting the petition
for a writ of habeas corpus filed by the petitioner, Roberto A. The respondent
claims that the court improperly (1) decided an issue not raised in the habeas
petition and (2) concluded that the petitioner’s right to the effective
assistance of counsel was violated by the failure of his trial counsel to
investigate adequately and to call a noncumulative and credible alibi witness.
We affirm the judgment of the habeas court.”)