The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Habeas Appellate Court Opinion

by Townsend, Karen

 

AC39651 - Diaz v. Commissioner of Correction (Habeas; Alford Doctrine; “The petitioner, Raul Diaz, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. The sole question presented by the petitioner on appeal is ‘[d]id the habeas court erroneously conclude that trial counsel’s failure to file a motion to dismiss the charge of home invasion did not constitute ineffective assistance under Strickland v. Washington [466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984)]?’ The petitioner had pleaded guilty to that charge pursuant to the Alford doctrine. This court, however, affirmed the judgment of the habeas court, after raising, sua sponte, the issue of whether the petitioner had waived his right to raise a claim of ineffective assistance of counsel and deciding that the petitioner did in fact waive that right by pleading guilty under the Alford doctrine.”)