Beasley v. Commissioner of Correction

Supreme Court of Connecticut January 22, 1998

Beasley v. Commissioner of Correction, 243 Conn. 967 (Conn. 1998)

707 A.2d 1268; 1998 Conn. LEXIS 34

Berdon

Dissenting Opinion

BERDON, J.,

dissenting. I would grant certification on the following issues: Did the Appellate Court correctly conclude that the petitioner, acquitted of murder and *968convicted of reckless manslaughter in the first degree, received effective assistance of trial counsel despite trial counsel’s failure to request instructions on other lesser, unintentional homicide offenses that were supported by the evidence before the jury, consistent with the petitioner’s trial testimony, and available under the doctrine of State v. Whistnant, 179 Conn. 576 (1980), and its progeny?

Timothy H. Everett, in support of the petition. Lawrence J. Tytla, senior assistant state’s attorney, in opposition. Decided January 22, 1998

Opinion of the Court

The petitioner Marvin Beasley’s petition for certification for appeal from the Appellate Court, 47 Conn. App. 253 (AC 16381), is denied.

Reference

Full Case Name: MARVIN BEASLEY v. COMMISSIONER OF CORRECTION
Cited By: 1 case
Status: Published