## Facts

- Jennifer Helmedach was prosecuted on serious felony charges arising from the 2004 killing of a pregnant victim and proceeded to a jury trial.
- During trial, the prosecutor extended a plea offer calling for a 10-year sentence if Helmedach pleaded guilty.
- Trial counsel deliberately did not promptly communicate the offer to Helmedach, citing concern that knowledge of the offer could affect her testimony.
- Helmedach testified over two days without knowing of the offer; the prosecution then withdrew it.
- Helmedach was convicted after trial and received a substantially longer sentence than the 10-year offer.
- In state habeas proceedings, the court found that counsel failed to timely convey the plea offer, that Helmedach would have accepted it if timely informed, and that the prosecution and court would have honored the agreement.

## Issues

1. Whether trial counsel rendered deficient performance under the Sixth Amendment by failing to timely communicate a favorable plea offer to the defendant during trial.
2. Whether the defendant proved prejudice by showing a reasonable probability that she would have accepted the plea, the offer would not have been withdrawn, the court would have accepted it, and the outcome would have been more favorable.

## Decision

- The Appellate Court of Connecticut affirmed the habeas court’s judgment granting relief.
- The court held that counsel’s delayed communication of the plea offer constituted deficient performance.
- The court held that the habeas court did not err in finding prejudice because the lost opportunity for the 10-year plea produced a materially worse outcome after trial.

## Legal Principles

- Under Strickland v. Washington, ineffective assistance requires (1) deficient performance measured against an objective standard of reasonableness and (2) resulting prejudice.
- Defense counsel has a constitutional duty to communicate formal, favorable plea offers to the accused; counsel may advise but may not withhold an offer based on unilateral tactical concerns.
- In plea-offer cases, prejudice is established by showing a reasonable probability that (1) the defendant would have accepted the offer, (2) the prosecution would not have withdrawn it, (3) the court would have accepted it, and (4) the sentence or conviction would have been less severe than the post-trial result.

## Conclusion

The court upheld habeas relief because counsel’s intentional delay in conveying a 10-year plea offer fell below reasonable professional standards and caused prejudice by depriving the defendant of a plea disposition that the fact-finder concluded she would have accepted and that likely would have been implemented.


Helmedach v. Comm’r of Corr., 168 Conn. App. 439, 148 A.3d 1105 (Conn. App. Ct. 2016)