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 Corpus Appellate Court Opinions

by Townsend, Karen

 

AC37385 - Robinson v. Commissioner of Correction (Habeas; "On appeal, the petitioner claims that the habeas court (1) abused its discretion when it denied his petition for certification to appeal and (2) improperly concluded that his criminal defense counsel (defense counsel), George Flores and William O’Connor, did not provide ineffective assistance by failing to immediately object or move for a mistrial after a state’s witness testified that the petitioner had refused to speak to police. We conclude that the court did not abuse its discretion in denying the petition for certification to appeal, and, accordingly, dismiss the appeal.")

AC37390 - Kitchens v. Commissioner of Correction (Habeas; " He claims, more particularly, that the habeas court erred in ruling that his trial counsel did not render ineffective assistance by failing to request proper jury instructions on two essential elements of the charged offenses and/or failing to object or except to the trial court’s omission of such proper jury instructions from the court’s charge. First, he claims that the jury should have been instructed, pursuant to State v. Salamon, 287 Conn. 509, 949 A.2d 1092 (2008), that the offense of kidnapping requires proof that he intended to prevent the victim’s liberation for a longer period of time or to a greater degree than that which is necessary to commit another crime against the victim. Second, he claims that the jury should have been instructed, as part of the common element of restraint required for commission of the offenses of unlawful restraint and kidnapping, that he acted with a specific intent to interfere substantially with the victim’s liberty rather than merely a general intent to engage in conduct that caused that result.")

AC36362 - Allen v. Commissioner of Correction (Habeas; " The petitioner claims that the court abused its discretion in denying his petition for certification because the record before it clearly established that counsel at his criminal trial rendered ineffective assistance by failing to make a timely request that his jury be polled to assure the unanimity of its verdict. We disagree and thus dismiss the appeal. ")