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 Appellate Court Opinions

by Townsend, Karen

 

AC45965, AC45966 - Balbuena v. Commissioner of Correction (“These consolidated appeals arise from separate petitions for writs of habeas corpus filed by the petitioner, Guillermo Balbuena, challenging his 2004 conviction of sexual assault and unlawful restraint (amended first petition) and his 2014 conviction of conspiracy to commit murder (amended second petition). In Docket No. AC 45965, the petitioner appeals from the judgment of the habeas court dismissing his amended first petition for lack of subject matter jurisdiction, and he claims that the court improperly concluded that it lacked jurisdiction over the amended first petition because the petitioner no longer was in custody on the 2004 conviction when he filed it. In Docket No. AC 45966, the petitioner appeals from the judgment of the court dismissing in part and denying in part the amended second petition, and he claims that the court improperly (1) dismissed the actual innocence count for failure to state a claim upon which habeas relief could be granted and (2) denied the ineffective assistance of counsel count after trial. We affirm the judgments of the habeas court.”)

AC46490 - Gusan v. Commissioner of Correction (“Upon the granting of certification to appeal, the petitioner, Brandon Gusan, appeals from the judgment of the habeas court denying his corrected, revised, first amended petition for a writ of habeas corpus. The petitioner claims that the court erred in rejecting his claim that his right to the effective assistance of trial counsel was violated by virtue of his trial counsel’s failure (1) to file a motion for discovery with respect to data that had been extracted from his cell phone and (2) to file a motion to suppress evidence obtained following an allegedly illegal traffic stop. We affirm the judgment of the habeas court.”)