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.

Criminal Law Supreme Court Slip Opinion

by Booth, George


SC20287 - Mitchell v. State (Petition for new trial; Whether trial court abused its discretion in denying petitioner's late ยง 54-95 (a) petition for certification to appeal from ruling denying petition for new trial."The petitioner, James A. Mitchell, appealed from the trial court's denial of his request for leave to file a late petition for certification to appeal from the court's judgment denying his petition for a new criminal trial on the ground that the petitioner's claims were "meritless and too late." The Appellate Court rejected the petitioner's claim that the trial court improperly considered the merits of the petition, rather than the reasons for the delay or any other factors relevant to permitting a late filing, and dismissed the appeal. See Mitchell v. State, 188 Conn. App. 245, 247, 204 A.3d 807 (2019). We conclude that the trial court abused its discretion by failing to engage in the proper analysis to determine whether to excuse the late petition for certification. We further conclude, however, that the trial court acted within its discretion when it determined that the petition did not raise issues warranting certification and, therefore, affirm the Appellate Court's judgment dismissing the petitioner's appeal on this alternative basis.")