The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Habeas Appellate Court Opinions

by Roy, Christopher

 

AC38431 - Arroyo v. Commissioner of Correction ("The petitioner, Reynaldo Arroyo, 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. The petitioner claims that the court (1) abused its discretion in denying his petition for certification to appeal and (2) improperly concluded that his trial counsel did not provide ineffective assistance and that his claim of prosecutorial impropriety was procedurally defaulted. Because the petitioner has failed to demonstrate that the habeas court abused its discretion in denying his petition for certification to appeal, we dismiss the appeal.")

AC38359 - Brian S. v. Commissioner of Correction ("The petitioner, Brian S., appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the court erred in concluding that he failed to prove that his criminal trial counsel had provided ineffective assistance. We affirm the judgment of the habeas court.")

AC38161 - Abreu v. Commissioner of Correction ("The petitioner, Rafael Abreu, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus, which alleged ineffective assistance of prior habeas counsel. The petitioner claims on appeal that the habeas court improperly rejected his claim that his prior habeas counsel provided ineffective assistance by failing to pursue adequately three claims of ineffective assistance of trial counsel. Specifically, the petitioner claims that trial counsel improperly failed (1) to conduct an adequate investigation regarding a potentially exculpatory witness, (2) to offer certain evidence in support of the petitioner’s self-defense claim, and (3) to advise the petitioner properly regarding his potential sentence exposure should he proceed to trial. We affirm the judgment of the habeas court.")

AC38205 - Green v. Commissioner of Correction ("The petitioner, Courtney Green, appeals 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 improperly rejected his claims that (1) he received ineffective assistance of counsel due to his attorney’s failure to advise him properly regarding the sentencing consequences of his guilty pleas, and (2) his guilty pleas were not made knowingly, intelligently, and voluntarily because the trial court failed to ensure he was not under the influence of any medications that would inhibit his ability to enter guilty pleas. We conclude that the habeas court properly rejected the petitioner’s ineffective assistance of counsel claim on the ground that he failed to demonstrate prejudice as required under the test articulated in Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), as modified by Ebron v. Commissioner of Correction, 307 Conn. 342, 357, 53 A.3d 983 (2012), cert. denied sub nom. Arnone v. Ebron, U.S. , 133 S. Ct. 1726, 185 L. Ed. 2d 802 (2013). We also conclude that the petitioner’s second claim must fail as a matter of law because, although it is common practice in Connecticut and perhaps advisable to do so, the law does not require a court to determine whether a defendant’s faculties are impaired by any medications prior to accepting guilty pleas. See State v. Ocasio, 253 Conn. 375, 378–79, 751 A.2d 825 (2000). Accordingly, we affirm the judgment of the habeas court.")

AC38774 - Shipman v. Commissioner of Correction ("Following a grant of certification to appeal, the petitioner, Somen Shipman, appeals 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 erred by finding that his right to the effective assistance of counsel was not violated. Specifically, the petitioner claims that the court improperly found that his constitutional right to the effective assistance of counsel was not violated by his trial counsel’s failure (1) to adequately raise a Batson challenge, and (2) to present the testimony of two alibi witnesses. We disagree and, accordingly, affirm the judgment of the habeas court.")