United States District Court, D. Connecticut
RULING DENYING PETITION FOR WRIT OF HABEAS
JEFFREY ALKER MEYER UNITED STATES DISTRICT JUDGE
Roger Johnson brings this action pro se for a writ
of habeas corpus pursuant to 28 U.S.C. § 2254. In 2004,
he pleaded guilty to charges of first-degree assault and
first-degree reckless endangerment. He was sentenced pursuant
to his plea agreement to twenty years in prison. He now
claims that his trial counsel was ineffective in several
ways. Because it is clear that the Connecticut state courts
did not unreasonably apply federal law in rejecting
petitioner's claims, I will deny the
was charged with multiple serious crimes arising from an
incident when he attacked a woman in the face with a butcher
knife at her apartment in Bridgeport in February 2004. Doc.
#7-2 at 6. The matter went to trial in the Connecticut
Superior Court, and on the second day of trial petitioner
decided to enter a plea of guilty to charges of first-degree
assault and first-degree reckless endangerment. See
Johnson v. Warden, 2015 WL 1427833, at *1-2 (Conn.
Super. Ct. 2015); Doc. #7-2.
guilty plea transcript makes clear that petitioner was
agreeing to a prison term of 20 years imprisonment as part of
his guilty plea. The prosecutor stated that “Mr.
Johnson will serve twenty years in prison, Judge.” Doc.
#7-2 at 6-7. The judge then followed up with the following
THE COURT: I want . . . you [to] listen to this very
carefully, Mr. Johnson. When you come back on November 20th,
this will be the sentencing that will take place. On the
assault in the first degree, you will be sentenced to the
custody of the Commissioner of Corrections for a period of
twenty years. Five years of that are nonmodifiable or
suspendible. On the reckless endangerment, you will be
committed to the Commissioner of Corrections for a period of
one year to run concurrently with the prior, with the prior
count of the assault one. For a total effective sentence
of twenty years to serve, five years of which will be
nonmodifiable or suspendible. . . . Sir, is that the plea
arrangement as you understood it?
THE DEFENDANT: Yes.
THE COURT: Do you have any questions about it?
THE DEFENDANT: Not at all.
Doc. #7-2 at 12 (emphasis added).
December 3, 2004, petitioner was sentenced to twenty years in
prison. But at this hearing, he objected to the sentence,
contending that it was not the sentence he thought he had
THE DEFENDANT: It was 20 years. 5 was dropped off the 20 or
something like that.
THE COURT: I don't - there's nothing that's
dropped off as far as my sentence is concerned. Whether
Corrections does something is a different story.
THE DEFENDANT: This is what I - my counselor had told me the
last time I was here, for me to come out to the plea, he
says, what we'll ...