Diaz v. Commissioner of Correction

Summary

The court held that the petitioner failed to establish that his defense counsel labored under an actual conflict of interest arising from simultaneously serving as a police officer and representing the petitioner in another jurisdiction. It rejected the claim that this dual role creates a per se conflict because the statutory arrest duty is discretionary when construed to avoid absurd and unworkable consequences, and the petitioner did not show that the alleged conflict adversely affected counsel's performance. The court nevertheless held that certification to appeal should have been granted because the statutory question was colorable and unresolved, so it reversed the Appellate Court's judgment and directed it to affirm the habeas judgment. The opinion contains no separate writing.