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Habeas Corpus Law

Habeas Appellate Court Opinion

   by Zigadto, Janet

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3407

AC40751 - Smalls v. Commissioner of Correction ("Following the granting of his petition for certification to appeal, the petitioner, Bernard Smalls, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. The petitioner claims that the habeas court erred in rejecting his claim that his prior habeas attorney rendered ineffective assistance by failing effectively to raise his claim that his attorney in his underlying criminal trial rendered ineffective assistance by failing to explain to him the implications of a plea offer that he rejected. We affirm the judgment of the habeas court.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3398

AC40587 - Betts v. Commissioner of Correction (Amended petition… “in which he claimed that trial counsel in his underlying criminal prosecution rendered ineffective assistance by giving him constitutionally inadequate advice concerning the state’s pretrial plea offer to recommend a lesser sentence in exchange for his guilty plea to certain charges, which he rejected before the start of trial. On appeal, the petitioner claims that the habeas court erred in ruling that (1) trial counsel did not give him inadequate advice concerning the state’s pretrial plea offer, and (2) he was not prejudiced by such allegedly inadequate advice in connection with that offer. We disagree with both of the petitioner’s claims and, therefore, affirm the judgment of the habeas court.”)


Habeas Appellate Court Opinions

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3384

AC40923 - Juan G. v. Commissioner of Correction (Risk reduction earned credit; Joint motion to “reverse summarily the habeas court’s dismissal of the second count of the petitioner’s petition for a writ of habeas corpus with respect to the petitioner’s claim that the retroactive application of an amended statute that eliminated certain risk reduction earned credit from the calculation of a violent offender’s initial parole eligibility date violated the constitutional prohibition against ex post facto laws. See General Statutes §§ 18-98e and 54-125a. We agree with the parties that resolution of this appeal is controlled by our Supreme Court’s recent decision in Breton v. Commissioner of Correction, 330 Conn. 462, 196 A.3d 789 (2018). Accordingly, we grant the parties’ motion and reverse in part the judgment of the habeas court with direction to grant the petition only as it relates to the petitioner’s ex post facto claim.”)

AC41091 - Ross v. Commissioner of Correction (Carrying pistol or revolver without permit; “The petitioner claims on appeal that the habeas court improperly rejected his claim that his trial counsel provided ineffective assistance by failing (1) to call a toxicologist as an expert witness in order to present an adequate intoxication defense and (2) to object to improprieties in the prosecutor’s closing arguments. We affirm the judgment of the habeas court.”)


Habeas Corpus Law Appellate Court Opinion

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3374

AC40541 - McClain v. Commissioner of Correction ("The petitioner, Tajah S. McClain, 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 improperly rejected (1) his claim that his trial counsel rendered ineffective assistance, and (2) his claim of actual innocence. We conclude that the court did not abuse its discretion in denying the petition for certification to appeal and, accordingly, dismiss the petitioner's appeal.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3358

AC40747 - Smith v. Commissioner of Correction (Whether court properly accepted petitioner's withdrawal of writ of habeas corpus; ("The petitioner claims that the habeas court abused its discretion because it conditioned the petitioner’s withdrawal of his petition to be with prejudice. We disagree and, accordingly, affirm the judgment of the habeas court.")


Family Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3339

AC40692 - Maria G. v. Commissioner of Children & Families (Whether trial court properly concluded that foreign court's judgment was not required to be enforced as matter of comity; "The petitioner, Maria G., appeals from the trial court's rendering of summary judgment in favor of the respondent, the Commissioner of Children and Families, on the petitioner's writ of habeas corpus seeking custody of the minor child, Santiago. On appeal, the petitioner claims that the court erroneously failed to credit a Guatemalan court's decree, which purportedly granted her parental guardianship rights over, and custody of, Santiago, when the court concluded that (1) public policy prohibited recognition of the decree because it was premised on a false birth certificate, and (2) the decree was obtained without notice to the respondent. We affirm the judgment of the court.")


Habeas Appellate Court Opinions

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3330

AC40652 - Hodges v. Commissioner of Correction ("On appeal, the petitioner claims that the court (1) improperly rejected his claim that his trial counsel, Donald J. Cretella, Jr., rendered ineffective assistance and (2) abused its discretion by precluding the petitioner’s expert from testifying at the habeas trial. We affirm the judgment of the habeas court… The petitioner argues that the court improperly concluded that Cretella did not perform deficiently by declining to consult with and retain an expert to provide testimony on video forensics. Specifically, the petitioner argues that the quality of the surveillance video was poor and that an expert could explain how anomalies within the video footage could make it falsely appear as if an item, such as a firearm, were present. We are not persuaded.")

AC40520 - Buie v. Commissioner of Correction (“On appeal, the petitioner claims that the court improperly determined that he had received effective assistance from his prior habeas counsel. We conclude that the court properly determined that the petitioner failed to establish prejudice as a result of the allegedly deficient performance of his prior habeas counsel. Accordingly, we affirm the judgment of the habeas court.”)


Habeas Supreme and Appellate Court Opinions

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3321

SC19889- Marquez v. Commissioner of Correction ("In this certified appeal, we are asked to consider whether the state violated the due process rights of the petitioner… On appeal to this court, the petitioner asks us to conclude, contrary to the determination of the habeas court and the Appellate Court; Marquez v. Commissioner of Correction, 170 Conn. App. 231, 240, 154 A.3d 73 (2017); that the state had an agreement with Soler that it had not disclosed to the petitioner in violation of Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963); see also Giglio v. United States, 405 U.S. 150, 153, 92 S. Ct. 763, 31 L. Ed. 2d 104 (1972); Napue v. Illinois, 360 U.S. 264, 269, 79 S. Ct. 1173, 3 L. Ed. 2d 1217 (1959); and in contravention of the fourteenth amendment to the federal constitution. U.S. Const., amend. XIV, § 1. The petitioner also asks us to conclude that the nondisclosure of this agreement was ‘material,’ warranting the relief he sought from the habeas court… Because we conclude that, in the present case, the testimony in question was immaterial under the third prong of Brady and, therefore, that there was no violation of the petitioner’s due process rights, we need not comment further on the state’s disclosure of any pretrial discussions with Soler. Therefore, we affirm the judgment of the Appellate Court on the alternative basis of immateriality.")

AC37998 - Ham v. Commissioner of Correction ("The petitioner claims that the habeas court abused its discretion in denying his petition for certification to appeal with respect to his claims that (1) the prosecutor at his criminal trial violated his right to due process by failing to disclose material exculpatory evidence and (2) counsel in a prior habeas action deprived him of his right to the effective assistance of counsel by failing to pursue a claim of ineffective assistance on the part of his criminal trial counsel. Because we conclude that the court properly exercised its discretion in denying the petition for certification to appeal, we dismiss the appeal.")


Habeas Supreme Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3307

SC19856 - Johnson v. Commissioner of Correction (Certification from Appellate Court; claim of ineffective assistance of counsel " by failing (1) to adequately prepare and present an alibi defense, and (2) to present a third-party culpability defense. The Appellate Court agreed with the respondent, the Commissioner of Correction, that it was reasonable trial strategy not to present an alibi defense, that the petitioner’s claim of inadequate investigation of the alibi defense was unpreserved, and that the petitioner was not prejudiced by counsel’s failure to present a third-party culpability defense. Because we hold that it was not deficient performance for defense counsel not to present the alibi defense and that it was not deficient performance or prejudicial for defense counsel not to present the third-party culpability defense, we affirm the judgment of the Appellate Court.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3297

AC41405 - Edward M. v. Commissioner of Correction ("This appeal arises out of the habeas court’s granting of the second petition for a writ of habeas corpus filed by the petitioner, Edward M. The respondent, the Commissioner of Correction, appeals from the judgment of the habeas court, claiming that the court improperly (1) used the petitioner’s hospital records for a purpose other than for which they were admitted and (2) concluded that the petitioner’s prior habeas counsel was ineffective and caused prejudice to the petitioner by failing to allege the ineffective assistance of the petitioner’s criminal trial counsel, who failed to present evidence regarding the petitioner’s circumcised penis. We disagree and, therefore, affirm the judgment of the habeas court.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3282

AC38837 - Rivera v. Commissioner of Correction (Dismissal of writ of habeas corpus for lack of jurisdiction pursuant to Practice Book § 23-29; “On appeal, the petitioner claims that (1) the habeas court’s articulation constitutes an improper modification of its original judgment and must be stricken from the record, and (2) the habeas court improperly dismissed his petition for lack of jurisdiction. We conclude that the habeas court lacked jurisdiction over the petition and, accordingly, affirm the judgment.”)


Habeas Supreme and Appellate Court Opinions

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3271

SC19928 - Breton v. Commissioner of Correction (“Claim that the “2013 amendment to General Statutes (Rev. to 2013) § 54-125a; see Public Acts 2013, No.13-3, § 59 (P.A. 13-3), codified at General Statutes (Supp.2014) § 54-125a; which eliminated risk reduction credit awarded pursuant to General Statutes § 18-98e from the calculation of a violent offender’s initial parole eligibility date, thereby requiring the offender to complete 85 percent of his definite sentence before becoming parole eligible, as applied retroactively to him, violates the ex post facto clause of the United States constitution because he was statutorily entitled to such earlier parole consideration when he committed the crimes for which he is now incarcerated.”… On appeal, the petitioner renews his claim of an ex post facto violation. We agree with the petitioner that the ex post facto clause bars the respondent from applying the 2013 amendment to the petitioner, and, accordingly, we reverse the judgment of the habeas court.”)

SC19927 - Garner v. Commissioner of Correction (Claim of ineffective assistance; claim that a “2013 amendment to General Statutes (Rev. to 2013) § 54-125a; see Public Acts 2013, No. 13-3, § 59 (P.A. 13-3), codified at General Statutes (Supp. 2014) § 54-125a; which eliminated risk reduction credit awarded pursuant to General Statutes § 18-98e from the calculation of a violent offender’s initial parole eligibility date, as applied retroactively to him, violates the ex post facto clause of the United States constitution, because, under the version of § 54-125a in effect when he committed his offenses, he was entitled to have any such credit that he had earned applied to advance his initial parole eligibility date…The habeas court, Fuger, J., rejected the petitioner’s ex post facto claim…On appeal, the petitioner challenges both of these determinations by the habeas court. Although we reject the petitioner’s ineffective assistance claim, we agree that the ex post facto clause bars the respondent from applying the 2013 amendment retroactively to the petitioner. Accordingly, we reverse in part the judgment of the habeas court.”)

AC39715 - Boria v. Commissioner of Correction (Practice Book § 23-29; “The petitioner claims that the habeas court improperly dismissed his claim (1) that amendments to the risk reduction earned credits statute in 2013 and 2015 violated the ex post facto clause of the United States constitution and (2) that his right to due process had been violated because his guilty plea in his underlying criminal case was not knowingly and voluntarily made. As to the first claim, we disagree and, accordingly, affirm that aspect of the judgment of the habeas court. As to the second claim, although we agree with the petitioner that the habeas court should not have dismissed that claim as an improper successive petition under Practice Book § 23-29, we affirm that aspect of the judgment on the alternative ground that it was barred by collateral estoppel.”)

AC40090 - Davis v. Commissioner of Correction (“On appeal, the petitioner claims that the court (1) abused its discretion in denying his petition for certification to appeal and (2) erred in concluding that his trial counsel had not rendered ineffective assistance by failing to (A) file a motion in limine to preclude certain evidence, (B) consult with and present the testimony of an eyewitness identification expert, (C) object to the testimony of a laboratory supervisor on the ground that the testimony violated his right to confrontation under the federal constitution and (D) prepare the petitioner for the presentence investigation interview. We dismiss the petitioner’s appeal.”)

AC40101 - Nicholson v. Commissioner of Correction (Amended writ; “On appeal, the petitioner claims that the habeas court (1) abused its discretion in denying his petition for certification to appeal, (2) erroneously concluded that he failed to establish that his state and federal constitutional rights to the effective assistance of counsel were violated,1 (3) abused its discretion in declining to treat a witness at the habeas trial as an expert witness, and (4) abused its discretion in failing to review certain evidence admitted at the habeas trial prior to denying his amended petition for a writ of habeas corpus. We conclude that the habeas court did not abuse its discretion in denying the petition for certification to appeal and, accordingly, dismiss the appeal.”)



Habeas Appellate Court Opinion

   by Zigadto, Janet

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3267

AC40112 - Moore v. Commissioner of Correction (Whether petitioner established that trial counsel provided ineffective assistance by failing to inform petitioner of potential total sentence exposure if petitioner succeeded at trial in proving lesser included offense; whether trial counsel provided adequate information for petitioner to make informed decision as to whether to accept state's plea offers; "The petitioner, Joseph Moore, appeals following the denial of his petition for certification to appeal from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. The petitioner claims that the habeas court (1) abused its discretion in denying his petition for certification to appeal and (2) improperly rejected his claim that his trial counsel had rendered ineffective assistance. We conclude that the court did not abuse its discretion in denying the petition for certification to appeal, and, accordingly, dismiss the petitioner's appeal.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3252

AC40427- Santos v. Commissioner of Correction (Adoption of trial court’s memorandum of decision as statement of facts; “On appeal, the petitioner claims that the habeas court improperly concluded that his trial counsel did not provide ineffective assistance by failing to retain an expert witness to assist in his defense and by failing to present the testimony of certain fact witnesses. We affirm the judgment of the habeas court.”)


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3244

AC39578 - Ricardo R. v. Commissioner of Correction (Claim that counsel rendered ineffective assistance by failing to present expert testimony for allegations of sexual abuse; Claim that counsel rendered ineffective assistance by failing to present testimony of forensic psychologist; “The petitioner claims that the habeas court (1) abused its discretion in denying his petition for certification to appeal and (2) erred by failing to conclude that his criminal trial counsel provided ineffective assistance. We disagree, and, accordingly, dismiss the appeal.”)


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3236

AC39651 - Diaz v. Commissioner of Correction ("On appeal, the petitioner claims that the habeas court erroneously denied his ineffective assistance of counsel claim. Specifically, the petitioner claims that his trial counsel rendered ineffective assistance by failing to file a motion to dismiss a home invasion charge, to which he pleaded guilty pursuant to the Alford doctrine. We affirm the judgment of the habeas court.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3228

AC40312 - Langston v. Commissioner of Correction- Dismissal of petition for a writ of habeas corpus as untimely under General Statutes § 52-470 (e). (“The petitioner argues that he established good cause for the delayed filing of his untimely petition, and the habeas court’s judgment of dismissal was improper. We are not convinced and, thus, affirm the judgment of the habeas court… on appeal, he argues that the habeas court erred in concluding that he failed to show good cause for the delay. Specifically, the petitioner contends that (1) this untimely petition does not violate the spirit or purpose of § 52-470 because it concerns issues that have been litigated consistently since 1999, and (2) in withdrawing his prior petition, he was following the advice of his former attorney and did not understand the consequences of this decision. We are not persuaded.”)


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3217

AC39407 - Britton v. Commissioner of Correction ("On appeal, the petitioner claims that the second habeas court, Fuger, J., (1) abused its discretion by denying his petition for certification to appeal, and (2) improperly concluded that he was not denied the constitutional right to due process because the jury was not instructed pursuant to State v. Salamon, 287 Conn. 509, 949 A.2d 1092 (2008), to the effective assistance of trial counsel and to the effective assistance of first habeas counsel. Although we agree that the second habeas court abused its discretion by denying the petitioner certification to appeal, we disagree that the court improperly denied his second petition for a writ of habeas corpus and, therefore, affirm the judgment of the second habeas court.")


Habeas Appellate Court Opinion

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3200

AC40037 - Adkins v. Commissioner of Correction ("Following the granting of his petition for certification to appeal, the petitioner, Dennis Adkins, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. The petitioner claims that the court improperly rejected his claim that his prior habeas counsel rendered ineffective assistance on the basis that he failed (1) to claim that trial counsel rendered ineffective assistance by failing to advise the petitioner with respect to his right to appeal from the denial of his motion to withdraw his guilty plea, (2) to present evidence in support of the petitioner's claim that his guilty plea was the result of trial counsel's ineffective assistance, and (3) to claim that trial counsel's conflict of interest resulted in the petitioner's guilty plea. We affirm the judgment of the habeas court.")


Habeas Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3179

AC38861 - Marshall v. Commissioner of Correction ("On appeal, the petitioner claims that the court erroneously determined that his trial counsel did not provide ineffective assistance by (1) having an actual conflict of interest as a result of his prior representation of a witness in an unrelated criminal case; (2) failing to object to the trial court’s exclusion of the petitioner from participation in an in-chambers conference; (3) failing to move to suppress one witness’ identification of him from a photographic array; and (4) failing to challenge the consolidation of his two criminal cases for trial. We disagree and, accordingly, affirm the judgment of the habeas court.")


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