Diaz v. Commissioner of Correction

Summary

The court held that the Appellate Court improperly decided waiver of the petitioner's ineffective assistance claim sua sponte without first giving the parties meaningful notice and an opportunity to address the issue. The court therefore reversed and remanded for the Appellate Court to determine, after briefing, whether it may and should consider waiver or instead reach the ineffective assistance claim. The court did not decide whether the plea waived the claim or whether counsel was ineffective.