Thiersaint v. Commissioner of Correction

Summary

This separate opinion would hold that the constitutional rule requiring counsel to advise a noncitizen about clear immigration consequences of a guilty plea applies retroactively in a state habeas proceeding. It reasons that Connecticut is not bound to apply the federal collateral-review rule mechanically and that the petitioner’s plea was fundamentally unfair because counsel gave incomplete and inaccurate advice about mandatory deportation. The dissent would affirm the habeas court’s determination that counsel’s performance was constitutionally deficient. Justice Eveleigh, joined by Justice McDonald, dissents from the majority’s refusal to apply the rule retroactively.