Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Parker v. Commissioner of Correction

Court of Appeals of Connecticut

November 22, 2016

SIDNEY PARKER
v.
COMMISSIONER OF CORRECTION

          Argued October 19, 2016

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

          Cheryl A. Juniewic, assigned counsel, for the appellant (petitioner).

          Timothy F. Costello, assistant state's attorney, with whom, on the brief, were David S. Shepack, state's attorney, and Kelly A. Masi and Angela R. Macchiarulo, senior assistant state's attorneys, for the appellee (respondent).

          DiPentima, C. J., and Lavine and Pellegrino, Js.

          OPINION

          PER CURIAM.

         The petitioner, Sidney Parker, appeals following the denial of his petition for certification to appeal 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 (1) abused its discretion by denying certification to appeal from the judgment denying his petition for a writ of habeas corpus and (2) improperly concluded that his criminal counsel had not rendered ineffective assistance by advising him to plead guilty. We dismiss the appeal.

         On August 9, 2010, in the judicial district of Litchfield, the petitioner pleaded guilty pursuant to the Alford doctrine[1] to one count of sexual assault in the first degree in violation of General Statutes §§ 53a-49 and 53a-70 for crimes he committed in Torrington on December 20, 2009.[2] On September 3, 2010, the petitioner was sentenced to eight years of incarceration followed by seven years of special parole. On September 7, 2012, the petitioner filed a petition for a writ of habeas corpus. He amended his petition on July 1, 2014, alleging that his trial counsel rendered ineffective assistance with respect to his Alford plea.[3] Following a trial held on September 10, 2014, the habeas court denied the petition for a writ of habeas corpus and subsequently denied the petition for certification to appeal.

         We first set forth the standard of review we apply to a claim that the habeas court abused its discretion by denying certification to appeal from a judgment denying a petition for a writ of habeas corpus. ‘‘Faced with a habeas court's denial of a petition for certification to appeal, a petitioner can obtain appellate review of the dismissal of his petition for habeas corpus only by satisfying the two-pronged test enunciated by our Supreme Court in Simms v. Warden, 229 Conn. 178, 640 A.2d 601 (1994), and adopted in Simms v. Warden, 230 Conn. 608, 612, 646 A.2d 126 (1994). First, he must demonstrate that the denial of his petition for certification constituted an abuse of discretion. . . . Second, if the petitioner can show an abuse of discretion, he must then prove that the decision of the habeas court should be reversed on the merits. . . .

         ‘‘To prove an abuse of discretion, the petition must demonstrate that the [resolution of the underlying claim involves issues that] are debatable among jurists of reason; that a court could resolve the issues [in a different manner]; or that the questions are adequate to deserve encouragement to proceed further. . . . In determining whether the habeas court abused its discretion in denying the petitioner's request for certification, we necessarily must consider the merits of the petitioner's underlying claims to determine whether the habeas court reasonably determined that the petitioner's appeal was frivolous.'' (Citation omitted; internal quotation marks omitted.) Moye v. Commissioner of Correction, 168 Conn.App. 207, 214-15, A.3d (2016).

         We have examined the record and the briefs, considered the arguments of the parties, and are persuaded that the habeas court properly denied certification to appeal. The habeas court's thoughtful memorandum of decision fully addresses the arguments raised in this appeal, and we adopt it as a proper statement of the facts and the applicable law on those issues. See Parker v. Commissioner of Correction, 169 Conn.App. 424, A.3d (2015) (appendix). ‘‘It would serve no useful purpose for us to repeat the discussion contained therein.'' (Internal quotation marks omitted.) Torrice v. Commissioner of Correction, 55 Conn.App. 1, 2, 739 A.2d 270 (1999).

         The appeal is dismissed.

         APPENDIX

         SIDNEY PARKER

         v.

         COMMISSIONER OF CORRECTION [*]

         Superior Court, Judicial District of Tolland File No. CV-12-4004958

         Memorandum filed February 19, 2015

         Proceedings

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

         Cheryl A. Juniewic, for the petitioner.

         Kelly A. Masi, senior assistant state's attorney, for the respondent.

          DiPentima, C. J., and Lavine and Pellegrino, Js.

          OPINION

          BRIGHT, J.

         I

...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.