Counsel’s Files and Habeas Corpus

Habeas corpus petitions might include a copy of the appellate counsel’s files. You can learn more about the importance of these files and obtaining them on this page.

Counsel’s Files

If the habeas petition includes, or could include, a claim of ineffective assistance of counsel on appeal, every effort should happen to obtain a copy of appellate counsel’s file. The rules that pertain to obtaining a copy of trial counsel’s file also apply to obtaining a copy of appellate counsel’s file. The request for a copy of the file must include all transcripts in appellate counsel’s possession. Also, it should include a copy of the briefs, appendices and record filed on appeal.

Appellate counsel can legally withhold his or her notes. But, every effort should happen to persuade appellate counsel to disclose the notes. This is because the notes may be relevant to appellate counsel’s decision not to raise and brief a legal issue. Or, they could be relevant to choose one issue over another. Appellate counsel should understand that appellate counsel might get asked on the witness stand about his or her decision-making. Also, it may be in the best interest of the petitioner to disclose and discuss the notes now.

Even if the habeas petition does not or should not include a claim of ineffective assistance of counsel on appeal, habeas counsel should obtain from appellate counsel all transcripts in appellate counsel’s possession and a copy of the briefs, appendices, and record filed on appeal. Such items are still relevant and necessary. They help perfect a claim of ineffective assistance of counsel at trial. Also, they can help defeat any defenses the respondent may raise. See infra T. Respondent’s Defenses.

Prior Habeas Counsel’s File

If the habeas petition includes, or is anticipated to include, a claim of ineffective assistance of counsel in the prior habeas, see Lozada v. Warden, 223 Conn. 834 (1992), every effort should be made to obtain a copy of prior habeas counsel’s file. This is critical to perfecting a claim that prior habeas counsel rendered ineffective assistance.

The rules that pertain to obtaining a copy of trial counsel’s file also apply to obtaining a copy of prior habeas counsel’s file. Counsel can again withhold their notes. But an attempt should be made to persuade counsel to disclose the notes. This happens so as to conclusively litigate the issues in the case.

Getting Help

Are you interested in filing a petition for habeas corpus in Connecticut? If so, you should consider contacting a professional to help with your situation.