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MICHAEL BROWN v. COMMISSIONER OF CORRECTION (AC 31707)
Bishop, Espinosa and Borden, Js. Argued May 16--officially released September 20, 2011

(Appeal from Superior Court, judicial district of Hartford, Miano, J.) Deren Manasevit, special public defender, for the appellant (petitioner). Rita M. Shair, senior assistant state's attorney, with whom were John A. East III, senior assistant state's attorney, and Erika L. Brookman, assistant state's attorney, and, on the brief, Gail P. Hardy, state's attorney, for the appellee (respondent).

Opinion

ESPINOSA, J. Upon the granting of certification to appeal by the habeas court, the petitioner, Michael Brown, appeals from the judgment of the habeas court denying his second amended petition for a writ of habeas corpus. The petitioner claims that the court improperly failed to conclude that his trial counsel rendered ineffective assistance that affected the outcome of his criminal trial. We affirm the judgment of the habeas court. The following facts and procedural history are relevant to the present appeal. In 2004, the petitioner was convicted, following a jury trial, of sexual assault in the third degree, unlawful restraint in the first degree, threatening in the second degree, assault in the third degree and breach of the peace in the second degree. The conviction was related to an incident that occurred on September 20, 2002, involving the petitioner and a female victim. The trial court imposed a total effective sentence of five years imprisonment, suspended after three years, followed by a ten year period of probation with special conditions. Following the petitioner's direct appeal, this court affirmed the judgment of conviction. State v. Brown, 96 Conn. App. 700, 901 A.2d 86, cert. denied, 280 Conn. 912, 908 A.2d 539 (2006). On September 23, 2008, the petitioner filed this second amended petition for a writ of habeas corpus, alleging that his trial attorney, Scott Sandler, rendered ineffective assistance in a number of ways related to his pretrial investigation and his representation of the petitioner during the trial.1 Relevant to the claim raised on appeal, the petitioner alleged that Sandler (1) failed to investigate adequately the relationship that existed between the victim and R, one of the police officers involved in the petitioner's arrest; (2) failed to crossexamine the victim adequately; (3) failed to locate and present testimony from D, R's former wife and a potential impeachment witness; (4) failed to present testimony from a private investigator concerning the crime scene; and (5) inadequately advised the petitioner concerning his decision not to testify at the underlying trial. In a thorough memorandum of decision, the court rejected the petitioner's claims. After the court granted certification to appeal, this appeal followed. ``The habeas court is afforded broad discretion in making its factual findings, and those findings will not be disturbed unless they are clearly erroneous. . . . The application of the habeas court's factual findings to the pertinent legal standard, however, presents a mixed question of law and fact, which is subject to plenary review. . . . ``A criminal defendant is constitutionally entitled to adequate and effective assistance of counsel at all critical stages of criminal proceedings. . . . This right

arises under the sixth and fourteenth amendments to the United States constitution and article first,

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Connecticut Law