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

 

AC47784 - Gray v. Commissioner of Correction (“The petitioner claims that the court improperly concluded that he is not entitled to relief from his 2019 conviction for possession of narcotics with intent to sell in violation of General Statutes § 21a-277 (a), based on the state’s failure to disclose to him certain impeachment evidence concerning one of the state’s key witnesses at his criminal trial, because it incorrectly determined that such undisclosed evidence was not ‘‘material either to guilt or to punishment,’’ as required to prove a due process violation under the test set forth in Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963). We disagree and, accordingly, affirm the judgment of the habeas court.”)

AC47894 - Smith v. Commissioner of Correction (“After a hearing, the habeas court dismissed the petition for failure to demonstrate good cause to excuse the late filing of the petition. The petitioner filed a petition for certification to appeal, which the court denied. On appeal, the petitioner claims, inter alia, that his trial counsel provided ineffective assistance. However, the petitioner has failed to allege or demonstrate that the habeas court abused its discretion in denying the petition for certification to appeal, and, accordingly, we dismiss his appeal. See Goguen v. Commissioner of Correction, 341 Conn. 508, 523, 267 A.3d 831 (2021) (‘although the burden of obtaining appellate review of the threshold question under [Simms v. Warden, 229 Conn. 178, 640 A.2d 601 (1994)] and its progeny is minimal, the petitioner must at least allege that the habeas court abused its discretion in denying the petition for certification to appeal’ (emphasis in original)); see also Goguen v. Commissioner of Correction, supra, 524 (‘‘there is no exception to the requirement that a habeas petitioner must expressly allege that the habeas court abused its discretion in denying the petition for certification to appeal when the petitioner is self-represented’’). The appeal is dismissed.”)

AC47290 - Pagan v. Smith (“In the criminal matter underlying this habeas corpus action, the petitioner, Ricardo Pagan, was found not guilty by reason of mental disease or defect after an uncontested trial at which the state agreed not to oppose the petitioner’s claim that he lacked substantial capacity to control his conduct within the requirements of the law. See General Statutes § 53a-13 (a). In his amended petition for a writ of habeas corpus (amended petition), the petitioner alleged that his counsel from a prior habeas action (first habeas action), Justine Miller, rendered ineffective assistance by, inter alia, failing to raise certain claims concerning the alleged failure of his criminal trial counsel, Mary Haselkamp, to advise him of the consequences of pursuing a defense of not guilty by reason of mental disease or defect. Following the granting of his petition for certification to appeal, the petitioner appeals from the judgment of the second habeas court denying in part his amended petition. On appeal, the petitioner claims that the court erred by (1) concluding that Miller did not render ineffective assistance, and (2) declining to address certain aspects of his claim that Miller provided ineffective assistance. We reverse in part the judgment of the habeas court.”)