AC46658 - Brown v. Commissioner of Correction ("The petitioner, Mozzelle Brown, appeals from the judgment of the habeas court denying his third amended petition for a writ of habeas corpus. The petitioner claims that the court erred in (1) denying his petition for certification to appeal and (2) concluding that his due process claim related to the state's failure to disclose an agreement or understanding between the prosecutor and a cooperating witness was procedurally defaulted. We agree with the petitioner that the habeas court abused its discretion in denying the petition for certification to appeal. We also agree with the petitioner that the habeas court erred in refusing to consider the merits of his due process claim. After reaching the merits of that claim, we conclude that the alleged constitutional violation exists and that he is entitled to a new trial. Accordingly, we remand the case to the habeas court with direction to render judgment granting the petition for a writ of habeas corpus, to vacate the petitioner's conviction of conspiracy to commit murder in violation of General Statutes §§ 53a-54a and 53a-48 (a) and murder in violation of General Statutes §§ 53a-54 (a) and 53a-8, and to order a new trial on those offenses.")
AC46356 - Franko v. Commissioner of Correction ("The petitioner, Lawrence Franko, appeals following the denial by the habeas court of his petition for certification to appeal from the dismissal of his third petition for a writ of habeas corpus as untimely pursuant to General Statutes § 52-470. On appeal, he claims that the court improperly determined that he failed to demonstrate good cause within the meaning of § 52-470 (e) to overcome the statutory presumption of unreasonable delay in the filing of his third habeas petition. He also claims that the court abused its discretion in denying his petition for certification to appeal. We dismiss the appeal.")
AC46615 - Gentile v. Commissioner of Correction ("The petitioner, Gino Gentile, appeals from the judgment of the habeas court dismissing as untimely his petition for a writ of habeas corpus under General Statutes § 52-470 (d) and (e). On appeal, the petitioner claims that the court (1) committed plain error in determining that his habeas petition was untimely and (2) erred in concluding that he failed to establish good cause for this late filed petition. With respect to the former, we conclude that the petitioner has not established plain error. As to the latter, in light of our Supreme Court's recent decision in Rose v. Commissioner of Correction, 348 Conn. 333, 304 A.3d 431 (2023), which recognized that ineffective assistance of counsel may constitute good cause for the delay in filing, and this court's subsequent decisions in Ibrahim v. Commissioner of Correction, 229 Conn. App. 658, ___ A.3d ___ (2024), Coney v. Commissioner of Correction, 225 Conn. App. 450, 315 A.3d 1161 (2024), Michael G. v. Commissioner of Correction, 225 Conn. App. 341, 314 A.3d 659 (2024), Rapp v. Commissioner of Correction, 224 Conn. App. 336, 311 A.3d 249, cert. denied, 349 Conn. 909, 314 A.3d 601 (2024), and Hankerson v. Commissioner of Correction, 223 Conn. App. 562, 308 A.3d 1113 (2024), we conclude that the judgment of the habeas court must be reversed, and the case remanded for a new good cause hearing.")