Cosme v. Commissioner of Correction
Cosme v. Commissioner of Correction
Opinion of the Court
Opinion
The petitioner, Jose A. Cosme, appeals from the judgment of the habeas court denying his petition for a writ of habeas corpus following the denial of his petition for certification to appeal. On appeal, the petitioner claims that the habeas court (1) abused
The following facts and procedural history are relevant to our resolution of the petitioner’s appeal. On August 23,1999, the petitioner pleaded guilty under the Alford
The petitioner subsequently filed a second amended petition for a writ of habeas corpus in which he alleged that his trial counsel, Michael J. Isko, rendered ineffective assistance of counsel. Specifically, the petitioner alleged that his counsel did not advise him adequately of his options to plead guilty or elect a trial, failed to obtain a Spanish interpreter whom the petitioner understood and who could interpret court proceedings properly, and failed to investigate, locate witnesses and present evidence that the petitioner did not commit the murders. As a result, the petitioner claimed that his guilty plea was not knowing, intelligent and voluntary. Following a hearing, the court denied the habeas petition and the subsequent petition for certification to appeal. This appeal followed.
We first set forth our standard of review. “Faced with the habeas court’s denial of certification to appeal, a petitioner’s first burden is to demonstrate that the habeas court’s ruling constituted an abuse of discretion. Abuse of discretion is the proper standard because that is the standard to which we have held other litigants whose rights to appeal the legislature has conditioned upon the obtaining of the trial court’s permission. . . .
With that standard in mind, we turn to the petitioner’s claims on appeal. The petitioner claims that his trial counsel was ineffective because there was a breakdown in communication between the petitioner and counsel; the petitioner did not believe that he could provide potentially exculpatory evidence to Isko, nor did he understand what an Alford plea was or that, under the plea agreement, he would serve fifty years in prison with no opportunity for probation.
The petitioner’s own admissions at the hearing, as noted by the habeas court, demonstrate that he was advised adequately of his options to plead guilty or to elect trial and that his plea was knowingly, intelligently
As noted by the habeas court, the transcript of the plea canvass does not support the petitioner’s contention that his guilty plea was involuntary because he was not provided with a Spanish interpreter whom he understood and who could interpret court proceedings properly. The petitioner testified at the habeas hearing that, at the plea canvass, he answered in the affirmative when asked if he understood the questions that the court had asked him. Furthermore, in response to the court’s invitation to speak, the petitioner responded at some length in English and indicated that he understood that he would serve fifty years.
The petitioner claims that counsel failed to investigate, to locate witnesses and to present evidence that he did not commit the murders. However, the petitioner gave only vague references to support his claim that counsel failed to locate and call exculpatory witnesses. As noted by the habeas court, the petitioner gave only the first name of the person he claimed to be his alibi witness. Only the petitioner and Isko testified at the
We conclude, therefore, that the petitioner has failed to sustain his burden of persuasion that the denial of certification to appeal was an abuse of discretion. The petitioner’s claim is nondebatable among jurists of reason, unresolveable in a manner different from that in which it was resolved and inadequate to deserve encouragement to proceed further.
The appeal is dismissed.
North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970).
Reference
- Full Case Name
- JOSE A. COSME v. COMMISSIONER OF CORRECTION
- Cited By
- 1 case
- Status
- Published