Hinds v. Commissioner of Correction

Summary

This dissent would reject the grant of a new habeas trial on the first-degree kidnapping charge. It concludes that the petitioner failed to establish actual prejudice because the evidence showed that he restrained the victim in a parking lot, threatened her, and dragged her to a secluded location before the sexual assault, conduct that a properly instructed jury could find independently criminally significant. The dissent also concludes that the claim was procedurally defaulted because it was not raised at trial or on direct appeal.