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Habeas Law Appellate Court Opinion

by Booth, George


AC41987 - Woods v. Commissioner of Correction (Habeas corpus; "The petitioner, Jermaine Woods, appeals from the judgment of the habeas court dismissing his third petition for a writ of habeas corpus. The habeas court denied the petitioner's petition for certification to appeal. On appeal, the petitioner claims that the habeas court (1) abused its discretion by denying his petition for certification to appeal, (2) abused its discretion by dismissing his petition without fair notice to him and without holding a hearing on his petition, (3) erred by dismissing count one of his petition alleging that his conviction was illegal because (a) evidence of his diminished capacity was not properly presented at his criminal trial and sentencing and (b) mitigating circumstances warrant reduction of his sentence, and (4) erred by dismissing count two of his petition alleging violation of his constitutional right to equal protection. We dismiss the appeal.")