Breton v. Commissioner of Correction

Principally at issue in this case was defense counsel's obligation to investigate and present mitigating evidence that could reduce a defendant's culpability when the defendant has directed counsel not to present such evidence and has refused to aid in the presentation of such evidence. The Connecticut Supreme Court held that a client's resolute, unambiguous instruction not to present mitigating evidence, if made knowingly and voluntarily, can preclude a showing of prejudice from counsel's failure to investigate mitigating evidence. The court held, largely for the reasons set forth by the habeas court, that this standard was met in the present case. Furthermore, the habeas court properly concluded that petitioner had not established a basis for relief on any of his claims challenging his judgment of conviction, and, in light of intervening changes in the law, petitioner's claims challenging the penalty phase and resulting sentence of death have been rendered moot. View "Breton v. Commissioner of Correction" on Justia Law