Supreme Court of Connecticut

Davis v. Commissioner of Correction

November 17, 2015

Summary

The court held that defense counsel's agreement with the prosecutor's recommendation of the maximum sentence, after negotiating a plea agreement that expressly permitted advocacy for a lesser sentence, constituted a complete breakdown in the adversarial process. Because the claim fell within the Cronic exception, prejudice was presumed rather than requiring proof of an objectively different sentencing outcome. The court reversed the judgment as to the sentencing ineffective-assistance claim and ordered a new sentencing hearing.