AC46420 - Smith v. Commissioner of Correction ("The petitioner, Devon Earlington Smith, 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. On appeal, the petitioner claims that the habeas court (1) abused its discretion in denying his petition for certification to appeal and (2) erroneously concluded that he knowingly, voluntarily, and intelligently withdrew a prior habeas petition with prejudice, thereby waiving his right to bring the same claims in the present petition. We disagree and, accordingly, dismiss the appeal.")