Superior Court of Connecticut, Judicial District of Tolland, Somers, Geographic Area 19
Stanley T. Fuger, Jr., Judge.
The petitioner, Michael Hazel, Inmate #312521, alleges in this second petition for a Writ of Habeas Corpus initially filed on December 27, 2012 and amended, most recently, on April 6, 2015, that his confinement under the custody of the Commissioner of Correction is illegal. Specifically, the petitioner in his multi-count complaint alleges that his trial defense counsel and his Appellate Counsel were ineffective in their respective representation of the petitioner. The Petitioner also raises a claim that his counsel in his first habeas petition was ineffective.
The Respondent has filed a Motion to Dismiss Counts One through Four of the pending second habeas petition on the ground that since the first habeas petition, assigned docket number CV08-4002313, was resolved by way of a stipulated judgment in which the petitioner received a sentence modification reducing his twenty-year sentence to nineteen years, the matters are now res judicata . Further, the Respondent asks this Court to dismiss Counts Five and Six by arguing that the transcript of the canvass conducted by the first habeas court, (Newson, J.) conclusively proves that there is no basis for relief:
The instant petition, so far as this Court can ascertain, presents a unique situation for which there is little, if any applicable case law on point.
Findings of Fact
The petitioner was a defendant in a criminal case, captioned State v. Hazel, Docket No. CR03-322522, proceeding in the Judicial District of Waterbury. He was charged with: Attempt to Commit Murder in violation of CGS § § 53a-54a and 53a-49(a)(2); one count of Assault in the First Degree in violation of CGS § 53a-59(a)(1); Conspiracy to Commit Assault in the 1st degree in violation of CGS § § 53a-59(a)(1) and 53a-48(a); Criminal Possession of a Firearm in violation of CGS § 53a-217(a)(1); Carrying a Pistol without a Permit in violation of CGS § 29-35(a); and, Criminal Possession of a Pistol in violation of CGS § 53a-217(a)(1).
2. The Petitioner was, at all times relevant, represented by Atty. Michael Gannon as his trial defense counsel and Atty. Stephanie Evans as his appellate counsel.
3. The petitioner ultimately had his case presented to a jury, Cremins, J. presiding, at which he was convicted on all of the pending counts on July 14, 2005.
4. On October 21, 2005, the petitioner was sentenced to a total effective sentence of twenty years incarceration and five years special parole. The petitioner is still incarcerated under the custody of the Respondent.
5. On March 19, 2008, the petitioner filed his first Petition for a Writ of Habeas Corpus in the Judicial District of Tolland at Somers under Docket No. CV08-4002313, captioned Hazel v. Commissioner of Correction . On June 7, 2011, the Petitioner, through his first habeas counsel, Atty. Robert Rimmer, filed his final Amended Petition.
6. On October 18, 2011, the habeas Court (Newson, J.) entered judgment in accordance with a joint motion for judgment in accordance with Stipulated Judgment, thereby ending the matter of Docket No. CV08-4002313.
7. This stipulation provided that to " fully and finally resolve said habeas corpus matter [ Hazel v. Commissioner, Dkt. No. CV08-4002313], the Petitioner and Respondent-Warden have come to an agreement whereby they jointly agree and request that this Court enter judgment in the habeas corpus proceeding."
8. The Motion went on further to say that in " exchange for said judgment and full and final agreement, the Respondent-Warden agrees to a 1-year reduction of the Petitioner's sentence of incarceration, imposed on October 21, 2005 in Docket No. UWY-CR03-322522, by way of sentence modification to be filed within the Judicial District of Waterbury, effectively lowering the total effective sentence to 19 years incarceration followed by 5 years special parole."
9. The petitioner, through Atty. Rimmer, did file for a sentence modification on October 31, 2011. On November 17, 2011, the court (Cremins, J.) granted the sentence modification such that the Petitioner now is serving a total effective ...