AC47195 - Narcisse v. Commissioner of Mental Health & Addiction
Services (“In the operative habeas petition, he alleged that his plea
of not guilty with the affirmative defense of mental disease or defect, made
pursuant to General Statutes § 53a-13 (a), was not made knowingly and
voluntarily because he was not canvassed pursuant to Duperry v. Solnit,
261 Conn. 309, 329, 803 A.2d 287 (2002), and that his criminal trial counsel,
Attorney Kim W. Mendola (trial counsel), had provided ineffective assistance.
On appeal, the petitioner claims that the habeas court improperly determined
that (1) the underlying criminal proceeding was contested and adversarial in
nature and, thus, that the petitioner was not required to be canvassed pursuant
to Duperry, and (2) his trial counsel did not render deficient performance by
failing to advise the petitioner regarding the canvass requirements of Duperry.
We disagree with both claims and affirm the judgment of the habeas court.”)
AC46937 - Abdus-Sabur v. Commissioner of Correction (“On appeal, the respondent claims that the court
incorrectly determined that the petitioner’s criminal trial counsel had
rendered ineffective assistance by failing to subpoena and present the
testimony of the petitioner’s brother. We agree and, accordingly, reverse in
part the judgment of the habeas court.”)