Supreme Court of Connecticut

Eric Ham v. Commissioner of Correction

July 26, 2011301 Conn. 697

Summary

The court affirmed the denial of habeas relief, holding that counsel did not provide constitutionally deficient assistance by advising the petitioner that he would need to serve 85 percent of his sentence before parole eligibility. Although that advice was later shown to be legally incorrect, it was objectively reasonable when given because it conformed to the parole board's then-prevailing interpretation and no court had yet ruled otherwise. The court declined to decide whether ineffective assistance during plea negotiations can support relief when the defendant later receives a fair trial.