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Jones v. Commissioner of Correction

Court of Appeals of Connecticut

November 22, 2016

WAYNE J. JONES, SR.
v.
COMMISSIONER OF CORRECTION

          Argued October 17, 2016

         Appeal from Superior Court, judicial district of Tolland, Oliver, J.

          Craig A. Sullivan, assigned counsel, for the appellant (petitioner).

          Emily D. Trudeau, assistant state's attorney, with whom, on the brief, was John C. Smriga, for the appellee (respondent).

          Lavine, Beach and Bishop, Js.

          OPINION

          PER CURIAM

         The petitioner, Wayne J. Jones, Sr., appeals from the judgment of the habeas court denying his petition for a writ of habeas corpus. On appeal, the petitioner claims that the habeas court improperly concluded that counsel who represented him on a prior petition for a writ of habeas provided ineffective assistance. We affirm the judgment of the habeas court.

         The petitioner was convicted of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1), burglary in the first degree in violation of General Statutes (Rev. to 2005) § 53a-101 (a) (2) and kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (B) for crimes committed on August 24, 2005. State v. Jones, 115 Conn.App. 581, 583, 974 A.2d 72, cert. denied, 293 Conn. 916, 979 A.2d 492 (2009). The petitioner was sentenced to thirty-five years in prison, execution suspended after twenty-five years, and thirty-five years of probation. This court affirmed the petitioner's conviction. Id., 603. Thereafter, the petitioner filed a petition for a writ of habeas corpus, which was denied by the habeas court (T. Santos, J.). This court dismissed the petitioner's appeal from the denial of his first habeas corpus petition. Jones v. Commissioner of Correction, 134 Conn.App. 903, 38 A.3d 1253 (2012).

         The petitioner subsequently filed the present petition for a writ of habeas corpus in which he alleged that his prior habeas counsel rendered ineffective assistance. The focus of the petitioner's claim of ineffective assistance is on the DNA evidence presented at his criminal trial. Following a trial held on October 16, 2014, the habeas court, Oliver, J., denied the petition for a writ of habeas corpus. Judge Oliver subsequently granted the petition for certification to appeal.

         Our examination of the record on appeal and the briefs and arguments of the parties persuades us that the judgment of the habeas court should be affirmed. The habeas court's decision fully addresses the arguments raised in the present appeal, and we adopt its concise and well reasoned decision as a proper statement of the relevant facts and the applicable law on the issues. Jones v. Commissioner of Correction, 169 Conn.App. 407, A.3d (2014) (appendix). It serves no useful purpose for us to repeat the discussion contained therein. Furka v. Commissioner of Correction, 21 Conn.App. 298, 299, 573 A.2d 358, cert. denied, 215 Conn. 810, 576 A.2d 539 (1990).

         The judgment is affirmed.

         APPENDIX

         WAYNE J. JONES, SR.

         v.

         COMMISSIONER OF CORRECTION[*]

         Superior Court, Judicial District of Tolland File No. CV-12-4004724

         Memorandum filed November 21, 2014

         Proceedings

         Memorandum of decision on petitioner's petition for writ of habeas corpus. Petition denied.

         Dante R. Gallucci, for the petitioner.

         Craig P. Nowak, senior assistant state's attorney, for the respondent.

          Lavine, Beach and Bishop, Js.

         OPINION

          ...


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