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 Law Appellate Court Opinions

by Booth, George

 

AC41434 - Anderson v. Commissioner of Correction (Habeas corpus; whether habeas court properly denied petition for writ of habeas corpus; claim that conditions of petitioner's confinement were illegal because he was receiving constitutionally inadequate mental health treatment; "The petitioner, Francis Anderson, appeals from the judgment of the habeas court denying his petition for a writ of habeas corpus, which alleged that the conditions of his confinement were illegal because he was receiving constitutionally inadequate mental health treatment while he was in the custody of the respondent, the Commissioner of Correction. On appeal, the petitioner argues that the habeas court violated his right to procedural due process under the fourteenth amendment to the United States constitution by failing to provide him adequate notice of the habeas trial and denying him a meaningful opportunity to be heard. We reverse the judgment of the habeas court.")

AC42372 - Davis v. Commissioner of Correction (Habeas corpus; whether petitioner's trial and appellate counsel rendered ineffective assistance for having failed to challenge statute (§ 53a-149) criminalizing bribery of witness as facially overbroad under novel constitutional argument that § 53a-149 could encompass legal activity such as settlement negotiations; "The petitioner, Edward V. Davis, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. In this certified appeal, the petitioner claims that the court improperly rejected his claims of ineffective assistance of both trial and appellate counsel for their failure (1) to challenge General Statutes § 53a-149 as unconstitutionally overbroad on its face with respect to the charge of bribery of a witness, (2) to request a jury instruction on "true threats" with respect to the charge of breach of the peace in the second degree under General Statutes § 53a-181 (a) (3), and (3) to challenge the admissibility of the petitioner's blood test results from the hospital where he was taken after the traffic incident at issue. We affirm the judgment of the habeas court.")