Russell v. Commissioner of Correction

EUGENE RUSSELL v. COMMISSIONER OF CORRECTION

Russell v. Comm'r of Corr., 722 A.2d 807 (Conn. 1998)

Court: Supreme Court of Connecticut · State Highest Courts
Decided: September 29, 1998
Judges: Berdon
Citations: 722 A.2d 807247 Conn. 9161998 Conn. LEXIS 386247 Conn. 9181998 Conn. LEXIS 390

Cited by 6

Opinion of the Court

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The petitioner Eugene Russell’s petition for certification for appeal from the Appellate Court, 49 Conn. App. 52 (AC 16711), is denied.

Dissent — Berdon

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BERDON, J.,

dissenting. I would grant the petitioner’s petition for certification to appeal on the following issues:

“1. Did the habeas court abuse its discretion in denying the petitioner certification to appeal on the grounds of ineffective assistance of trial counsel as a result of a conflict of interest based upon a violation of the trial attorney’s duty of loyalty?

“2. If so, is the petitioner required to prove the second prong of Strickland 1 — that is, as a result of the conflict of interest his defense was prejudiced — in order to be granted a new trial?“ 2

LeonF. Dalbec, Jr., assistant state’s attorney, in opposition. Decided September 29, 1998 Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052 , 80 L. Ed. 2d 674 (1984).

Phillips v. Warden, 220 Conn. 112, 132-33 , 595 A.2d 1356 (1991) (“[w]here . . . the defendant claims that his counsel was ‘burdened by an actual conflict of interest’ ... the defendant need not establish actual prejudice” [citation omitted]).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

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State Appellate Courts6

Relies on it most ⓘ

Crocker v. Commissioner of Correction10 A.3d 1079 (Conn. App. Ct. 2011)
LAPOINTE v. Commissioner of Correction966 A.2d 780 (Conn. App. Ct. 2009)
Michael T. v. Commissioner of Correction999 A.2d 818 (Conn. App. Ct. 2010)
Wright v. Commissioner of Correction958 A.2d 225 (Conn. App. Ct. 2008)
Romero v. Commissioner of Correction962 A.2d 894 (Conn. App. Ct. 2009)
Gallimore v. Commissioner of Correction963 A.2d 653 (Conn. App. Ct. 2009)

Most recent

Crocker v. Commissioner of Correction10 A.3d 1079 (Conn. App. Ct. 2011)
Michael T. v. Commissioner of Correction999 A.2d 818 (Conn. App. Ct. 2010)
LAPOINTE v. Commissioner of Correction966 A.2d 780 (Conn. App. Ct. 2009)
Gallimore v. Commissioner of Correction963 A.2d 653 (Conn. App. Ct. 2009)
Romero v. Commissioner of Correction962 A.2d 894 (Conn. App. Ct. 2009)
Wright v. Commissioner of Correction958 A.2d 225 (Conn. App. Ct. 2008)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Strickland v. Washington, 466 U.S. 668 (1984)	110,220
	Phillips v. Warden, 595 A.2d 1356 (Conn. 1991)	123
	Russell v. Comm'r of Corr., 712 A.2d 978 (Conn. App. Ct. 1998)	7
	Payne v. Comm'r of Corr., 714 A.2d 725 (Conn. App. Ct. 1998)	1

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