Whether the threat of a civil action by a criminal defendant against his attorney is a per se denial of the right to effective counsel guaranteed by the Sixth Amendment

The Sixth Amendment to the United States Constitution guarantees to criminal defendants the right to counsel. The right to counsel is the right to effective counsel. Effective counsel is conflict-free counsel. When an attorney has an personal interest opposed to that of a client, he may refrain from zealous advocacy. The Petitioner was defended in his criminal trial by an attorney whom he had previously threatened to sue for legal malpractice for an error in handling another matter. The question presented is: Whether the threat of a civil action by a criminal defendant against his attorney is a per se denial of the right to the effective of counsel guaranteed by the Sixth Amendment of the United States Constitution, and thus does not require a defendant to make a showing of the attorney’s deficient performance or prejudice in order to vacate his conviction. ii PARTIES The Petitioner, JMF, is a state prisoner, having been convicted of criminal offenses in Connecticut state court, and is currently in the custody of the Commissioner of Correction. The Respondent is the Commissioner of Correction for the State of Connecticut. iii NOTICE OF RELATED CASES Underlying Trial Stamford-Norwalk Judicial District, Connecticut Superior Court State of Connecticut v. John Michael Farren , FST-CR10-0124813-T. Judgment entered: Nov. 11, 2014 Direct Appeal Connecticut Appellate Court State of Connecticut v. JMF , A.C. 37200, 170 Conn. App. 120 (2017) (judgment affirmed) Judgment entered: Jan. 10, 2017 Petition to Connecticut Supreme Court Connecticut Supreme Court State of Connecticut v. JMF , 325 Conn. 912 (2017) (cert. denied) Judgment entered: April 12, 2017 Application for Sentence Modification Stamford-Norwalk Judicial District, Connecticut Superior Court State of Connecticut v. John Michael Farren , FST-CR10-0124813-T (application denied) Judgment entered: Jan. 19, 2023 State Habeas Corpus Proceeding Tolland Judicial District, Connecticut JMF v. Commissioner of Correction , TSR-CV18-4009472-S Judgment entered: Nov. 27, 2023 (petition for writ of habeas corpus denied) iv Direct Appeal of Denial of Petition for Writ of Habeas Corpus Connecticut Appellate Court JMF v. Commissioner of Correction , A.C. 47218, 230 Conn. App. 903 (2025) (appeal dismissed) Judgment entered: Feb. 25, 2025 Petition to Connecticut Supreme Court Connecticut Supreme Court JMF v. Commissioner of Correction , P.S.C. 240306 (cert. denied) Judgment entered: April 24, 2025