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Habeas Corpus Law

Habeas Appellate Court Opinions

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=1882

AC39202 - Martin v. Commissioner of Correction ("On appeal, he claims that the court erred in: (1) rejecting his claim that his due process right to a fair trial under the state and federal constitutions was violated by the introduction of testimony from an agent with the Federal Bureau of Investigation (FBI) at his underlying criminal trial, which was later determined to be scientifically invalid; and (2) concluding that his habeas counsel did not render ineffective assistance of counsel. We affirm the judgment of the habeas court.")

AC37185 - Omar v. Commissioner of Correction ("On appeal, the petitioner claims that the habeas court improperly rejected his contention that his trial counsel rendered ineffective assistance when she exposed his criminal history to the jury. Because we agree with the habeas court’s conclusion that the petitioner failed to prove prejudice under Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), we affirm the judgment of the habeas court.")

AC39582 - Victor C. v. Commissioner of Correction ("On appeal, the petitioner claims that the habeas court improperly found that his trial counsel did not render ineffective assistance by (1) failing to present testimony from certain fact witnesses, (2) improperly advising him of his right to testify at trial, and (3) failing to consult and present testimony from an expert in the field of child sexual abuse. We affirm the judgment of the habeas court.")



Habeas Appellate Court Opinions

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=1870

AC39289 - Hazel v. Commissioner of Correction (Claim of ineffective assistance of counsel by failing to present codefendant’s testimony; “On appeal, the petitioner claims that the habeas court erred when it concluded that his right to the effective assistance of counsel was not violated during his criminal trial. We affirm the judgment of the habeas court.”)

AC39674 - Fields v. Commissioner of Correction (Claim of ineffective assistance of counsel; “In his petition, the petitioner claimed that his trial counsel, John Paul Carroll, rendered ineffective assistance by failing to advise him before trial of the state’s offer that he resolve the charges against him by pleading guilty to felony murder in exchange for a recommended sentence of twenty-five years to serve. The habeas court rejected that claim on the ground that, although Carroll had indeed rendered constitutionally deficient performance by failing to advise the petitioner of the state’s twenty-five year plea offer, the petitioner had not been prejudiced by that deficient performance. Specifically, the court concluded that he had not proved, by a fair preponderance of the evidence, that he would have accepted the offer had Carroll conveyed it to him…Accordingly, on the basis of the court’s credibility based rejection of the petitioner’s claim that he would have accepted the state’s plea offer had it been conveyed to him, we affirm the judgment of the habeas court.”)


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=849

AC39971 - Gamble v. Commissioner of Correction (Ineffective assistance; conviction of manslaughter as accessory; concert of action theory; doctrine of collateral estoppel; “On appeal, the petitioner claims that the court improperly rejected his claim of ineffective assistance of appellate counsel. We are not persuaded by the petitioner’s arguments, and, accordingly, affirm the judgment of the habeas court…On appeal, the petitioner claims that the habeas court improperly concluded that he failed to establish that his appellate counsel was ineffective by not raising insufficiency of evidence as an issue in his direct appeal. He contends that the court improperly concluded that he failed to prove that he was prejudiced by his appellate counsel’s performance. We disagree.”)

AC39476 - Brown v. Commissioner of Correction ("The petitioner claims that the court abused its discretion by denying his petition for certification to appeal, and by rejecting his claims that (1) the state violated his rights to due process and a fair trial by failing to disclose material exculpable evidence and failing to correct false testimony from certain witnesses at his criminal trial, and (2) his criminal trial counsel rendered ineffective assistance. We conclude that the habeas court did not abuse its discretion in denying the petition for certification to appeal and, therefore, dismiss the appeal.")


Habeas Supreme Court Opinion

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=830

SC19773 - Epps v. Commissioner of Correction (Amended petition for certification; "In two decisions issued after the petitioner’s conviction was rendered final, this court respectively (1) overruled the long- standing interpretation of our kidnapping statutes under which the crime of kidnapping did not require that the restraint used be more than that which was incidental to and necessary for the commission of another crime against the victim, and (2) deemed that holding to apply retroactively to collateral attacks on final judgments. The petitioner thereafter sought a new trial on the kidnapping charge in light of those holdings in an amended petition for a writ of habeas corpus…The respondent never argued in the alternative that a higher standard of harmfulness should apply to collateral proceedings even if the petitioner’s claim was not subject to procedural default, despite federal case law applying a higher standard since 1993. Accordingly, we conclude that this is not the proper case in which to fairly address this consequential issue and that certification was improvidently granted.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=828

AC38769 - Smith v. Commissioner of Correction (Ineffective assistance; denial of certification to appeal; pretrial confinement credit; "The dispositive issue is whether the habeas court abused its discretion in so doing. We conclude that it did not and, accordingly, dismiss the appeal…We therefore conclude that the petitioner has not demonstrated that his ineffective assistance of counsel claim is debatable among jurists of reason, could be resolved in a different manner, or is adequate to deserve encouragement to proceed further. See Simms v. Warden, supra, 230 Conn. 616. Accordingly, the habeas court did not abuse its discretion in denying the petition for certification to appeal.")


Habeas Appellate Court Opinions

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=809

AC39556 - Vitale v. Commissioner of Correction ("On appeal, the petitioner claims that the habeas court improperly concluded that it lacked subject matter jurisdiction over his petition. We conclude that the habeas court properly determined that it lacked subject matter jurisdiction over the petition and, therefore, that it did not abuse its discretion by denying the petitioner’s petition for certification to appeal. Accordingly, we dismiss the appeal.")

AC38688 - Colon v. Commissioner of Correction ("On appeal, the petitioner claims that the court improperly denied his petition for certification to appeal after erroneously concluding that his criminal trial counsel, Nicholas Car- dwell, had not provided ineffective assistance. We conclude that the court did not abuse its discretion in denying the petition for certification to appeal, and, accordingly, we dismiss the appeal.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=799

AC39095 - Salmon v. Commissioner of Correction ("On appeal, the petitioner claims that the habeas court (1) abused its discretion in denying his petition for certification to appeal and (2) improperly concluded that he failed to establish the ineffectiveness of his pretrial counsel. For the reasons set forth herein, we agree with the petitioner, and conclude that the habeas court abused its discretion in denying the petition for certification to appeal. We further conclude that the habeas court made a clearly erroneous factual finding that underlies its determination that pretrial counsel did not render deficient performance. We also deter- mine that the habeas court did not make a determination regarding whether any assumed deficient performance prejudiced the petitioner. Accordingly, we reverse the judgment of the habeas court and remand the case for a new trial.")


Habeas Appellate Court Opinions

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=790

AC39328 - Gomez v. Commissioner of Correction ("On appeal, the petitioner claims that the habeas court erred when it concluded that (1) his state and federal constitutional due process rights were not violated by the state’s suppression of material exculpatory evidence concerning agreements or understandings that it allegedly had with two of its witnesses, (2) the state did not violate his state and federal constitutional rights to due process by knowingly presenting, and failing to correct, the false testimony from those witnesses, and (3) he was not denied his state and federal constitutional rights to the effective assistance of counsel when his trial counsel failed to properly cross-examine those witnesses regarding their alleged agreements or understandings with the state. Because we conclude that the petitioner failed to prove that the agreements or understandings were not disclosed, we are unpersuaded by the petitioner’s first and second claims. We are also unpersuaded by the petitioner’s third claim because, even if it is assumed that his trial counsel provided constitutionally deficient representation, the petitioner failed to prove that he was prejudiced. Accordingly, we affirm the judgment of the habeas court.")

AC39566- Weaving v. Commissioner of Correction ("The petitioner contends that the habeas court abused its discretion by denying his petition for certification to appeal and by rejecting his claims that counsel at both his criminal trial and his first habeas proceeding rendered ineffective assistance. Having thoroughly reviewed the record, we conclude that the habeas court properly denied the petition for certification to appeal and, thus, dismiss the appeal.")


Habeas Appellate Court Opinions

   by Zigadto, Janet

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=768

AC38418 - Meletrich v. Commissioner of Correction ("The petitioner, Angel Meletrich, appeals following the denial of his petition for certification to appeal from the judgment of the habeas court denying his petition for a writ of habeas corpus. On appeal, the petitioner claims that the habeas court abused its discretion in denying his petition for certification to appeal and erred in not finding that his trial counsel provided ineffective assistance by failing to call the petitioner's aunt as an additional alibi witness during the petitioner's criminal trial. We disagree and, accordingly, dismiss the appeal.")

AC39286 - Lebron v. Commissioner of Correction ("The petitioner, Luis Lebron, appeals from the judgment of the habeas court dismissing his third petition for a writ of habeas corpus pursuant to General Statutes § 52-470 (b). The petitioner claims on appeal that, in reaching its determination that no good cause existed to proceed to trial, the habeas court improperly concluded that he had waived many of his claims by entering a guilty plea in the underlying criminal action and relied in part on an affirmative defense that was not pleaded by the respondent, the Commissioner of Correction, in his return. We conclude that the habeas court properly dismissed counts one through four of the petition, but improperly dismissed the entirety of counts five and six. Accordingly, we affirm in part and reverse in part the judgment of the habeas court.")

AC39467 - Carmon v. Commissioner of Correction ("The petitioner, Adam Carmon, appeals from the judgment of the habeas court, dismissing in part and denying in part, his fourth petition for a writ of habeas corpus. On appeal, the petitioner claims that the habeas court improperly concluded that he failed to establish that (1) the state had violated Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), by withholding critical exculpatory evidence at the time of his criminal trial, (2) his criminal trial counsel, first habeas counsel, and second habeas counsel all had provided ineffective assistance, and (3) he was entitled to immediate release on the basis of actual innocence. We affirm the judgment of the habeas court.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=757

AC38958 - Crocker v. Commissioner of Correction ("In his petition, he alleged that he illegally was placed in administrative segregation. The petitioner is now incarcerated in a facility in Massachusetts and thus no longer in administrative segregation in Connecticut. Because the petitioner has failed to establish that this court could provide him any practical relief in reviewing his claim, we conclude that his appeal is moot. Accordingly, the appeal is dismissed.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=748

AC39429 - Kellman v. Commissioner of Correction ("On appeal, the petitioner claims that the habeas court improperly rejected his claims of ineffective assistance of trial counsel. Specifically, he asserts that his trial counsel, Richard Silverstein, rendered ineffective assistance because he (1) failed to meaningfully present and explain the state’s pretrial plea offers and (2) failed to consult with or present an expert at the petitioner’s trial regarding the extreme emotional disturbance defense. For the reasons set forth herein, we affirm the judgment of the habeas court.")


Habeas Appellate Court Opinions

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=735

AC39233 - Noze v. Commissioner of Correction ("In his amended petition, the petitioner claimed that his right to the effective assistance of counsel under the sixth and fourteenth amendments to the United States constitution was violated by trial counsel’s failure to warn him, clearly and unequivocally, of the mandatory deportation consequences of his guilty plea to the charge of possession of narcotics with intent to sell in violation of General Statutes § 21a-277 (a). Before this court, the petitioner claims that the habeas court erred in denying his claim of ineffective assistance of counsel and later abused its discretion in denying his petition for certification to appeal from that denial. We conclude that the habeas court did not abuse its discretion in denying the petition for certification to appeal from its judgment, and thus we dismiss this appeal.")

AC39251 - Stephen J. R. v. Commissioner of Correction ("On appeal, the petitioner claims that the court improperly denied his petition for certification to appeal after erroneously concluding that his criminal trial counsel, Christopher Eddy, had provided effective assistance despite his decision not to consult with and present the testimony of an expert on false memory syndrome in child sexual assault cases. We conclude that the court did not abuse its discretion in denying the petition for certification to appeal, and, accordingly, we dismiss the appeal.")



Habeas Appellate Court Opinions

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=715

AC38410Darryl W. v. Commissioner of Correction (“On appeal, the petitioner claims that the habeas court improperly denied his amended petition because the record established that his criminal trial counsel had rendered ineffective assistance by (1) failing to file a request to charge the jury and/or to object to the trial court’s jury instruction and (2) failing to direct the trial court in its response to the jury’s inquiry on operability. We conclude that the habeas court properly determined that the petitioner failed to establish his claim of ineffective assistance of counsel in that he failed to establish that he was prejudiced by counsel’s failure to file a request to charge the jury and/or to object to the jury instruction and that counsel performed deficiently by failing to direct the trial court in its response to the jury’s inquiry. Accordingly, we affirm the judgment of the habeas court.”)

AC38415Toccaline v. Commissioner of Correction (Third petition for writ of habeas corpus; “He appeals following the habeas court’s denial of his petition for certification to appeal from the judgment of the habeas court granting the motion to dismiss filed by the respondent, the Commissioner of Correction. He claims that the habeas court abused its discretion by denying his petition for certification to appeal and improperly dismissed four counts of his third amended petition. We dismiss the appeal.”)


Habeas Appellate Court Opinions

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=709

AC39049Williams v. Commissioner of Correction (Denial of petition of writ of habeas corpus; "He claims that the court improperly concluded that he failed to prove that his trial attorney provided ineffective assistance of counsel by failing (1) to challenge the state’s medical evidence by consulting and calling as a witness a medical expert with experience evaluating medical evidence in child sexual abuse cases, and (2) to present the testimony of John Strugar, a neurosurgeon, who performed back surgery on the petitioner in August, 1999. We affirm the judgment of the habeas court.")

AC38597Little v. Commissioner of Correction (Denial of petition for certification to appeal from the judgment of the habeas court; second habeas petition; "He claims that the habeas court (1) abused its discretion by denying his petition for certification to appeal; (2) improperly concluded that his guilty plea to kidnapping in the first degree was knowing, intelligent, and voluntary in light of our Supreme Court’s subsequent reinterpretation of our kidnapping statutes in State v. Salamon, 287 Conn. 509, 949 A.2d 1092 (2008); and (3) improperly concluded that he was not actually innocent of kidnapping in the first degree. We conclude that the habeas court abused its discretion by denying the petition for certification to appeal, but that the habeas court properly denied the petitioner’s second habeas petition. Accordingly, we affirm the judgment of the habeas court.")


Habeas Supreme Court Opinion

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=702

SC19787 - James v. Commissioner of Correction ("The sole issue in this appeal is whether the calculation of presentence confinement credit should be adjusted for concurrent sentences imposed under one docket number but on different dates. The petitioner, Latone James, appeals from the denial of his amended petition for a writ of habeas corpus, which alleged, inter alia, that the calculation of his presentence confinement credit was incorrect. The respondent, the Commissioner of Correction, claims that it calculated the petitioner’s presentence confinement credit pursuant to General Statutes § 18-98d (a) (1) and the framework provided by this court in Harris v. Commissioner of Correction, 271 Conn. 808, 860 A.2d 715 (2004). We agree with the petitioner and, accordingly, reverse the judgment of the habeas court in part.")


Habeas Appellate Opinion

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=693

AC38491 - Byrd v. Commissioner of Correction (Second amended petition; "He asserts a number of claims on appeal, but his primary claim is that the habeas court improperly concluded that it did not have subject matter jurisdiction over his ex post facto claim alleged in count one of his petition. We conclude that the habeas court properly determined that it lacked subject matter jurisdiction over both counts of his petition and, therefore, did not abuse its discretion by denying the petitioner’s petition for certification to appeal. Accordingly, we dismiss the appeal.")


Habeas Appellate Opinions

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=687

AC38803 - Santos v. Commissioner of Correction ("The petitioner claims that the habeas court abused its discretion in denying his petition for certification to appeal because it improperly concluded that (1) the prosecutor in his criminal trial did not knowingly present false or misleading testimony against him, and (2) his trial defense counsel did not render ineffective assistance of counsel. We dismiss the appeal.")

AC38946 - Walker v. Commissioner of Correction ("On appeal, the petitioner claims that the court improperly concluded that (1) his defense counsel did not have an actual conflict of interest at the time of his representation of the petitioner and (2) he abandoned his due process claim that he was denied his right to be present at an in-chambers conference. We affirm the judgment of the habeas court.")


Habeas Appellate Opinions

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=677

AC39330 - Miller v. Commissioner of Correction ("On appeal, the petitioner claims that the habeas court (1) abused its discretion in denying certification to appeal and (2) improperly concluded that trial counsel did not render ineffective assistance when advising him of the immigration consequences of his guilty plea. We agree that the habeas court abused its discretion in denying the petition for certification to appeal and that trial counsel rendered deficient performance when advising the petitioner of the immigration consequences of his guilty plea. We conclude, however, that the record is inadequate to determine whether the petitioner was prejudiced by counsel’s deficient performance. Accordingly, we reverse the judgment of the habeas court and remand the matter for further habeas proceedings in accordance with this opinion.")

AC39401 - Pereira v. Commissioner of Correction (Claim that petitioner’s due process rifhts were violated as result of a kidnapping conviction; jury instruction pursuant to State v. Salamon; “On appeal, the petitioner claims that the habeas court (1) abused its discretion in denying his petition for certification to appeal from the denial of his habeas petition and (2) improperly denied his habeas petition. We conclude that the habeas court did not abuse its discretion in denying certification to appeal. Accordingly, we dismiss the petitioner’s appeal.”)

AC39161 - Pentland v. Commissioner of Correction ("On appeal, the petitioner claims that the court improperly dismissed his petition for lack of subject matter jurisdiction on the basis of an erroneous conclusion that he was not in the custody of the respondent, the Commissioner of Correction, on the challenged conviction when he filed his petition, as required by General Statutes § 52-466. We conclude that the petitioner did not allege sufficient facts in his petition to establish the habeas court’s subject matter jurisdiction to hear his petition. Accordingly, the judgment of the habeas court is affirmed.")



Habeas Supreme Court Opinion

   by Townsend, Karen

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=662

SC19830 - Nelson v. Commissioner of Correction (Claim of ineffective assistance; "The respondent, the Commissioner of Correction, moved to dismiss the action pursuant to Practice Book § 23-29 (5), based on the terms of a stipulated judgment, filed by the petitioner and the respondent in connection with a previous habeas action concerning the same two trials, that barred the petitioner from filing any further such actions pertaining to those trials. The habeas court granted that motion, and the petitioner appeals, claiming that he did not knowingly and voluntarily enter into the stipulated judgment and, therefore, that the habeas court improperly granted the respondent’s motion to dismiss. We conclude that the petitioner did not properly raise his challenge to the enforceability of the stipulated judgment in the habeas court and, further, that the stipulated judgment was a legally sufficient ground for dismissal of the present habeas action. We therefore affirm the judgment of the habeas court.")


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