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Habeas Appellate Court Opinion

by Townsend, Karen


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.")