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Henry v. Commissioner of Correction
State: Connecticut
Court: Court of Appeals
Docket No: AC18095
Case Date: 10/10/2000
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** LUZ HENRY v. COMMISSIONER OF CORRECTION (AC 18095)
Landau, Spear and Dupont, Js. Argued December 9, 1999--officially released October 10, 2000 Counsel

Eugene J. Riccio, with whom, on the brief, was Lori A. McCarthy, for the appellant (petitioner). Leon F. Dalbec, senior assistant state's attorney, with whom, on the brief, were John A. Connelly, state's attorney, and Maureen M. Keegan, supervisory assistant state's attorney, for the appellee (respondent).
Opinion

SPEAR, J. The petitioner, Luz Henry, appeals from the judgment of the habeas court dismissing her petition for a writ of habeas corpus in which she alleged ineffective assistance of counsel. She claims that the dismissal was improper because trial counsel failed (1) to investigate the petitioner's mental history, (2) to obtain an expert to review the petitioner's mental health records and (3) to interview codefendants who would have provided exculpatory statements. We affirm the judgment of the habeas court.

The following facts were found by the habeas court and are relevant to this appeal. The petitioner and four codefendants went to the apartment of the victim, Lori Englehardt, to confront her because she had earlier called the petitioner a ``slut.'' The four codefendants pushed their way into the victim's apartment and one or more stabbed the victim eight times, resulting in her death. After the killing, the codefendants drove the petitioner to St. Mary's Hospital to establish an alibi that she was at the hospital and in labor while the crime was being committed. The petitioner did in fact deliver a child the next day. The petitioner was subsequently arrested and charged with conspiracy to commit murder in violation of General Statutes
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