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Habeas Appellate Court Opinion

by Townsend, Karen

 

AC43895 - VanDeusen v. Commissioner of Correction (”On appeal, the petitioner primarily claims that the habeas court improperly concluded that she failed to demonstrate that her trial counsel provided ineffective assistance by neglecting to request a jury instruction setting forth the statutory elements of General Statutes § 53-202k and, more specifically, defining the term ‘firearm,’ as used in § 53-202k and defined in General Statutes § 53a-3 (19). She additionally claims on appeal that the habeas court improperly concluded that she failed to demonstrate that her trial counsel provided ineffective assistance by neglecting to request that the court instruct the jury that § 53-202k expressly excludes ‘assault weapon[s]’ from the term ‘firearm,’ or otherwise to object to the court’s instruction as to § 53-202k. We affirm the judgment of the habeas court denying the petition”.)