Opinion
2014-02-26
Douglas DAVIS v. COMMISSIONER OF CORRECTION.
Aaron J. Romano, assigned counsel, in support of the petition. James A. Killen, senior assistant state's attorney, in opposition.
Aaron J. Romano, assigned counsel, in support of the petition. James A. Killen, senior assistant state's attorney, in opposition.
The petitioner Douglas Davis' petition for certification for appeal from the Appellate Court, 147 Conn.App. 343, 81 A.3d 1226 (2013), is granted, limited to the following issue:
“Did the Appellate Court properly conclude that the habeas court correctly determined that, under Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and its progeny, prejudice could not be presumed when, at sentencing, defense counsel stated only that he agreed fully with the state and made no argument on behalf of the petitioner, even though the plea agreement permitted the petitioner to argue for less than the maximum possible sentence of twenty-five years imprisonment?” EVELEIGH, J., did not participate in the consideration of or decision on this petition.