AC38410 – Darryl W. v. Commissioner of Correction
(“On appeal, the petitioner claims that the habeas court
improperly denied his amended petition because the record established that his
criminal trial counsel had rendered ineffective assistance by (1) failing to
file a request to charge the jury and/or to object to the trial court’s jury
instruction and (2) failing to direct the trial court in its response to the
jury’s inquiry on operability. We conclude that the habeas court properly
determined that the petitioner failed to establish his claim of ineffective
assistance of counsel in that he failed to establish that he was prejudiced by
counsel’s failure to file a request to charge the jury and/or to object to the
jury instruction and that counsel performed deficiently by failing to direct
the trial court in its response to the jury’s inquiry. Accordingly, we affirm
the judgment of the habeas court.”)
AC38415 – Toccaline v. Commissioner of Correction
(Third petition for writ of habeas corpus; “He appeals
following the habeas court’s denial of his petition for certification to appeal
from the judgment of the habeas court granting the motion to dismiss filed by
the respondent, the Commissioner of Correction. He claims that the habeas court
abused its discretion by denying his petition for certification to appeal and
improperly dismissed four counts of his third amended petition. We dismiss the appeal.”)