Day v. Commissioner of Correction
Day v. Commissioner of Correction
Opinion of the Court
Opinion
The petitioner, Jason M. Day, appeals from the judgment of the habeas court dismissing his petition for a writ of habeas corpus.
Our Supreme Court affirmed the petitioner’s underlying conviction in State v. Day, 233 Conn. 813, 661 A.2d 539 (1995),
“Three weeks later, on March 26, 1991, the [petitioner] moved in open court to waive his right to counsel and to represent himself. After canvassing the [petitioner], the trial court, McKeever, J., granted the [petitioner’s] motion and simultaneously appointed Culligan as standby counsel. Throughout the entire voir dire, which commenced the following day and continued sporadically through the middle of May, 1991, the [petitioner] represented himself, though standby counsel was present. The state began presenting its evidence to the jury on May 20, 1991. During the first day of the trial, four witnesses testified. Before the trial resumed on the following day, May 21, the [petitioner] requested that his standby counsel be reappointed to represent him. The trial court immediately granted his request, appointed Culligan and Holden and adjourned for the day. On May 22, Culligan and Holden moved for a mistrial. When their motion was denied, they requested a thirty day continuance. The trial court acceded to the request for a continuance, but only for thirteen days, until June 4,1991. On that day, after counsel’s renewed request for a longer continuance was denied, the presentation of evidence to the jury resumed.” Id., 817-18.
In his petition for a writ of habeas corpus, the petitioner alleged numerous claims of ineffectiveness on the part of his trial counsel.
In this case, the court applied the appropriate Strickland standard of review. The court found that counsel did a “superb job” of representing the petitioner, as the state’s case, which involved multiple homicide counts, was strong. Despite the petitioner’s filing a pro se motion for a speedy trial, and electing to represent himself during jury selection and the first day of evidence, the petitioner’s reappointed counsel were able
The petitioner contends that despite the efforts of counsel at trial, by proceeding pro se through voir dire he obtained a jury that could not impartially decide his case. “A pro se defendant’s performance, in all likelihood, will be imperfect. That lack of professionalism does not suggest, however, that every pro se defendant who subsequently regrets the decision to waive counsel should be afforded a new trial.” State v. Day, supra, 233 Conn. 841.
Our review of the record reveals that when necessary, both the trial judge and the prosecutor intervened to ensure that the petitioner received a fair and impartial jury.
The judgment is affirmed.
In this opinion the other judges concurred.
rrhe habeas court granted the petition for certification to appeal to this court.
The petitioner was convicted of one count of capital felony in violation of General Statutes § 53a-54b (8), four counts of murder in violation of General Statutes § 53a-54a (a) and one count of assault in the third degree in violation of General Statutes § 53a-61 (a) (1).
In his direct appeal, the petitioner asserted “that the trial court improperly: (1) accepted his waiver of the right to counsel and permitted him to represent himself; (2) granted his pro se motion for a speedy trial while he still was represented by counsel; (3) denied his request for a mistrial upon reappointment of counsel; (4) denied various defense motions during voir dire; (5) upon reappointment of counsel, granted a continuance only for two weeks rather than for the one month requested; and (6) failed to instruct
The Supreme Court noted in the petitioner’s direct appeal that the trial court had stated to the petitioner “that on many, many occasions [the trial court] excused the juror without [the petitioner] ever making a request for cause or [the prosecutor] making a request for cause and all this has been done to ensure that [the petitioner received] as fair a trial as [the trial court could] possibly arrange.” (Internal quotation marks omitted.) State v. Day, supra, 233 Conn. 844 n.26. Furthermore, the petitioner, in his brief, claims that the prosecutor intervened to excuse a potential juror for cause when he determined that the potential juror was biased against the petitioner.
Having determined that the petitioner was not prejudiced, we need not address the validity of his specific claims of ineffectiveness. We also need
Reference
- Full Case Name
- JASON M. DAY v. COMMISSIONER OF CORRECTION
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- Published