Diaz v. Commissioner of Correction

Summary

The court held that a Connecticut police officer’s simultaneous service as criminal defense counsel in another jurisdiction does not create a per se conflict of interest because the statutory arrest authority is discretionary, not mandatory. Applying the governing actual-conflict standard, the court also held that the petitioner failed to show that counsel’s police employment adversely affected any plausible defense strategy or tactic. The court nevertheless concluded that the Appellate Court used an improper form of judgment and remanded with directions to affirm the habeas court’s denial of relief.