Haughey v. Commissioner of Correction
Haughey v. Commissioner of Correction
Opinion
*560
Following the habeas court's denial of his amended petition for a writ of habeas corpus, the petitioner, Norman Haughey, appeals from the habeas court's denial of his petition for certification to appeal. On appeal, the petitioner claims that the habeas court abused its discretion in denying his petition for certification to appeal because his mandatory sentence of life imprisonment without the possibility of release violated the requirement of individualized, proportionate sentencing under the eighth amendment to the United States constitution as articulated in
*561
Miller
v.
Alabama
,
The facts underlying the petitioner's conviction were set forth previously by this court. "Sometime in the late evening of December 1, 2003, the [petitioner] visited the home of the victims, Donna Sosa and Mary Tomasi, located on Albert Street in Hamden. The [petitioner] was personally familiar with the victims, as his grandmother, with whom he occasionally shared a residence, lived on Green Hill Road, which abutted the victims' property. Intent on acquiring money to support his crack cocaine addiction, the [petitioner] gained access to the victims' home and shortly thereafter attacked Sosa in the kitchen, stabbing her repeatedly in the face, neck and right shoulder. The [petitioner] then proceeded upstairs armed with a ten pound dumbbell retrieved from the living room floor, where he found Tomasi sleeping in her bedroom. After striking Tomasi in the face with the dumbbell, fracturing her skull, the [petitioner] searched through her purse, stealing cash and several blank checks, which he later forged in an attempt to acquire additional funds. Sosa and Tomasi died from these attacks.
"The [petitioner] subsequently was arrested and charged with two counts of murder in violation of [General Statutes] § 53a-54a (a), two counts of felony murder (burglary) in violation of
*562
[General Statutes] § 53a-54c and one count of capital felony in violation of [General Statutes] § 53a-54b (7). A jury trial followed and the [petitioner] was convicted on all counts. At sentencing, the court merged the conviction of the murder and felony murder charges with the capital felony conviction, imposing a term of life imprisonment without the possibility of release."
State
v.
Haughey
,
Thereafter, the petitioner filed a petition for certification to appeal. After the court denied the petition for certification to appeal, this appeal followed. Additional facts will be set forth as necessary.
We begin by setting forth the "procedural hurdles that the petitioner must surmount to obtain appellate review of the merits of a habeas court's denial of the habeas petition following denial of certification to appeal. In
*563
Simms
v.
Warden
,
I
The petitioner first claims that the habeas court improperly concluded that he was not entitled to an individualized, proportionate sentencing hearing, as articulated in Miller , because he was twenty-five years old at the time of the subject offenses. We conclude that the court did not abuse its discretion in rejecting *564 the petition for certification to appeal with regard to this claim.
The following facts and procedural history are relevant to our discussion of this claim. At the habeas trial, the petitioner argued that his sentence was cruel and unusual punishment because he was not afforded an individualized sentencing hearing as described in the United States Supreme Court decision in
Miller
and our Supreme Court's decision in
*853
State
v.
Riley
,
In support of his claim, the petitioner testified and described his childhood and drug use. He testified to being the victim of physical abuse and neglect through-out his childhood. He also stated that he abused drugs and began using steroids between the ages of eighteen and nineteen. According to the petitioner, he took to substance abuse to compensate for underlying issues relating to his childhood that he was struggling with. The petitioner expressed that he continued abusing drugs until his arrest for the subject offenses.
In addition to the petitioner's testimony, Patrick Nickoletti, Jonathan Raub, and Frank DiCataldo were called as expert witnesses to describe adolescent brain development, how substance abuse impacts that development, and the specific circumstances of the petitioner's development. Nickoletti, a professor of psychology, discussed brain development during young adulthood. Specifically, he discussed neurological development during adolescence, presented scientific evidence relating to relevant risk factors that can impact early development, and provided his assessment of the petitioner.
*565 Nickoletti further testified that the characteristics that put young adults at risk-impulsivity, recklessness, and poor judgment-are connected to psychological changes in the brain during development. Raub's testimony described the psychiatric and behavioral effects of steroid abuse. According to Raub, a psychiatrist, steroid abuse negatively impacts an individual's cognitive faculties. Finally, DiCataldo, a forensic psychologist, outlined the steps that the petitioner has taken to overcome his addictions and his efforts to rehabilitate while imprisoned.
In rejecting the petitioner's claim, the habeas court stated in relevant part: "It is not the duty of a trial court to make new law; it is the duty of the trial court to apply existing law. No matter how persuasive or interesting the neuroscience [presented] by [the] petitioner may be, the law is clear. Juvenile means under age eighteen. That eighteen year limit is of recent vintage with a change in the law made by the General Assembly a few years ago. The proper venue, if there is to be a change such as proposed by the petitioner, is not in a trial court, but before the Connecticut legislature. If such a change is enacted into law, then this and other courts will have authority to take the action requested by the petitioner. Until then, there is no such authority."
The habeas court also relied on the Washington Court of Appeals' decision in
State
v.
Hart
,
On appeal, the petitioner is, in essence, challenging the constitutionality of the relevant sentencing statute imposing his mandatory sentence of life imprisonment without the possibility of release.
2
The standard of review is well settled. "A challenge to [t]he constitutionality of a statute presents a question of law over which our review is plenary." (Internal quotation marks omitted.)
State
v.
Taylor G.
, supra,
With respect to the merits of the petitioner's claim, our discussion is primarily guided by the United States Supreme Court's decisions in
Roper
v.
Simmons
,
In
Taylor G.
, our Supreme Court explained that
Roper
,
Graham
, and
Miller
"recognized that, because the eighth amendment prohibition against cruel and
*567
unusual punishment is based on the principle that punishment should be graduated and proportioned to the offender and the offense, courts must consider mitigating evidence of youth and immaturity when sentencing juvenile offenders. Thus, applying this principle, the death penalty is a disproportionate sentence for juvenile offenders, regardless of the crime; see
Roper
v.
Simmons
, supra,
In the wake of
Miller
, our Supreme Court in
*855
State
v.
Riley
, supra, 315 Conn. at 637,
Here, the petitioner claims that he is entitled to the same individualized sentencing proceeding as articulated in Miller . Specifically, he argues that he is constitutionally entitled to the same individualized sentencing as that afforded to offenders under the age of eighteen because the risk factors associated with imposing unconstitutionally harsh sentences on juveniles remain present through the age of twenty-five, the age at which the petitioner committed the subject offenses. His argument, however, hinges on whether being older than eighteen at the time of the subject offense is dispositive under this analysis. We conclude that it is.
Expanding the application of
Miller
to offenders eighteen years of age or older simply does not comport with existing eighth amendment jurisprudence pertaining to juvenile sentencing. The United States Supreme Court in
Miller
held "that mandatory life without parole for those
under the age of
[
eighteen
] at the time of their crimes violates the Eighth Amendment's prohibition on cruel and unusual punishments." (Emphasis added; internal quotation marks omitted.)
Miller
v.
Alabama
, supra,
Miller
and
Roper
, alone, appear to be dispositive on this issue as both decisions contemplated and decided that eighteen is the age at which the line is to be drawn for juvenile sentencing for purposes of eighth amendment analysis. Nonetheless, the Connecticut Supreme Court also has recognized eighteen as the appropriate benchmark in applying
Miller
. Specifically, our Supreme Court in
Riley
and
Taylor G.
recognized that juveniles were offenders under the age of eighteen.
State
v.
Riley
, supra, 315 Conn. at 640 n.1,
In rejecting the defendant's argument and affirming his mandatory five year sentence, the United States Court of Appeals for the Sixth Circuit recognized that "[c]hronological age sets the boundaries for determining whether an individual is eligible to drive, vote, marry, buy and drink alcohol, be drafted, watch certain movies, and hold certain political offices. None of these age-based privileges and responsibilities ignore chronological age in favor of mental age."
Although the evidence presented by the petitioner suggests that some youthful characteristics remain present after an individual reaches the age of eighteen, the *571 law is clear. Simply put, an offender who has reached the age of eighteen is not considered a juvenile for sentencing procedures and eighth amendment protections articulated in Miller . The petitioner has not presented any authority suggesting otherwise, and, to this court's knowledge, no federal court or state court in this state or any other state has determined that an offender in his or her mid-twenties is considered a juvenile for purposes of Miller .
In sum, the petitioner has failed to demonstrate that the issues raised on appeal are debatable among jurists of reason, that a court could resolve the issues in a different manner, or that the questions raised deserve encouragement to proceed further. Eighth amendment jurisprudence relating to the sentencing of juvenile offenders unequivocally recognizes a juvenile offender as an individual who has not attained the age of eighteen. Although nothing prevents a defendant from arguing that characteristics of youth or immaturity should be considered *857 at sentencing, there simply is no constitutional obligation imposed on the trial court to consider such factors once an offender reaches the age of eighteen. Thus, we conclude that the habeas court did not abuse its discretion in denying the petitioner's petition for certification to appeal.
II
The petitioner next claims that his mandatory sentence of life imprisonment without the possibility of release violates the prohibition of cruel and unusual punishment under the due process provisions contained in article first, §§ 8 and 9 of the Connecticut constitution. For the following reasons, we decline to review this claim.
As our standard of review set forth previously in this opinion makes clear, "an appeal following the denial of a petition for certification to appeal from the judgment
*572
denying a petition for a writ of habeas corpus is not the appellate equivalent of a direct appeal from a criminal conviction. Our limited task as a reviewing court is to determine whether the habeas court abused its discretion in concluding that the petitioner's appeal is frivolous. Thus, we review whether the issues for which certification to appeal was sought are debatable among jurists of reason, a court could resolve the issues differently or the issues are adequate to deserve encouragement to proceed further.... Because it is impossible to review an exercise of discretion that did not occur, we are confined to reviewing only those issues which were brought to the habeas court's attention in the petition for certification to appeal." (Citation omitted.)
Tutson
v.
Commissioner of Correction
,
The record reveals that the petitioner did not raise the present state constitutional claim before the habeas court. More importantly, the petitioner did not raise that claim in his petition for certification to appeal, or his application for waiver of fees, costs, expenses, and his appointment of counsel on appeal. We cannot conclude that the court abused its discretion, as it relates to this claim, because the petitioner did not raise this claim when he requested that the court rule on his petition for certification to appeal. See
Mercado
v.
Commissioner of Correction
,
The appeal is dismissed.
In this opinion the other judges concurred.
The United States Supreme Court's decision in
Miller
v.
Alabama
,
The petitioner was sentenced pursuant to General Statutes § 53a-35a.
The term "juvenile offenders" refers in all three cases to offenders who were under the age of eighteen when they committed their respective crimes.
Examples of these decisions are numerous and were noted in the brief of the respondent, the Commissioner of Correction. See, e.g.,
United States
v.
Shill
,
Reference
- Full Case Name
- Norman HAUGHEY v. COMMISSIONER OF CORRECTION
- Cited By
- 12 cases
- Status
- Published