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Habeas Law Supreme and Appellate Court Opinions

by Townsend, Karen


SC19512 - Kaddah v. Commissioner of Correction (Habeas; CGA sec. 51-296 (a); "The sole issue in this appeal is whether Connecticut law permits a third petition for a writ of habeas corpus (third habeas) to vindicate a claim of ineffective assistance of counsel during what is commonly known as a ‘habeas on a habeas,’ namely, a second petition for a writ of habeas corpus (second habeas) challenging the performance of counsel in litigating an initial petition for a writ of habeas corpus (first habeas), which had claimed ineffective assistance of counsel at the petitioner’s underlying criminal trial or on direct appeal... we conclude that our common law authorizes a third habeas petition as a proper vehicle to vindicate that right. Accordingly, we reverse the judgment of the habeas court dismissing the counts of the third habeas petition that claimed ineffective assistance of prior habeas counsel.")

AC38453 - White v. Commissioner of Correction (Habeas; kidnapping in second degree with firearm; burglary in second degree with firearm; “On appeal, the respondent claims that the habeas court improperly granted the petition after concluding that the jury in the petitioner’s underlying criminal case should have been instructed on the intent and conduct necessary to find the petitioner guilty of kidnapping in accordance with State v. Salamon, 287 Conn. 509, 550, 949 A.2d 1092 (2008). Having thoroughly reviewed the record, we conclude that the habeas court properly granted the amended petition for a writ of habeas corpus, and, accordingly, we affirm the judgment.”)