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.”)