AC45756 - Brown v.
Commissioner of Correction (“On appeal, the petitioner claims that the habeas court (1)
abused its discretion in denying his petition for certification to appeal, and
(2) improperly concluded that his trial counsel’s failure to call an eyewitness
identification expert at the petitioner’s criminal trial did not constitute constitutionally
deficient performance that prejudiced the petitioner. We agree with the
petitioner that the habeas court abused its discretion in denying his petition
for certification to appeal. We agree, however, with the respondent, the
Commissioner of Correction, that the petitioner failed to establish that his
trial counsel rendered ineffective assistance. Accordingly, we affirm the
judgment of the habeas court.”)