December 6, 2016
from Superior Court, judicial district of Tolland, Fuger, J.
Justine F. Miller, assigned counsel, for the appellant
R. Lockwood, senior assistant state's attorney, with
whom, on the brief, were Gail P. Hardy, state's attorney,
David M. Carlucci, assistant state's attorney, and Leon
F. Dalbec, Jr., former senior assistant state's attorney,
for the appellee (respondent).
Alvord, Keller and Gruendel, Js.
the denial of his petition for certification to appeal, the
petitioner, Earl Thompson, 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 abused its discretion in denying him certification to
appeal and improperly concluded that his trial counsel did
not provide ineffective assistance. We dismiss the appeal.
petitioner was convicted of one count of robbery in the first
degree in violation of General Statutes § 53a-134 (a)
(4), one count of conspiracy to commit robbery in the first
degree in violation of General Statutes §§ 53a-134
(a) (4) and 53a-48, and one count of kidnapping in the first
degree as an accessory in violation of General Statutes
§§ 53a-92 (a) (2) (B) and 53a-8, for crimes
committed on August 10, 2004. State v. Thompson, 128
Conn.App. 296, 298, 17 A.3d 488 (2011), cert. denied, 303
Conn. 928, 36 A.3d 241 (2012). The petitioner was sentenced
to a total of forty-five years imprisonment. This court
affirmed the petitioner's conviction. Id.
petitioner subsequently filed a fourth amended petition for a
writ of habeas corpus. Following a trial held on July 29,
2014, the habeas court, Fuger, J., denied the
petition for a writ of habeas corpus. Judge Fuger
subsequently denied the petition for certification to appeal.
The principal issue raised by the petitioner in this appeal
is that the court erred in not finding counsel ineffective
for an alleged failure to present a closing argument that the
restraint or abduction of the victim was not a kidnapping,
but merely incidental to his other crimes, and to properly
file a motion for a judgment of acquittal as to the charge of
examination of the record on appeal and the briefs and
arguments of the parties persuades us that the
petitioner's appeal should be dismissed. 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. Thompson v.
Commissioner of Correction, 172 Conn.App. 141, ___
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).
appeal is dismissed.
Court, Judicial District of Tolland File No. CV-12-4004330
of decision on petitioner's petition for writ of habeas
corpus. Petition denied.
Theodore Koch III, for the petitioner.
T. Proscino, special deputy assistant state's attorney,
and Michael J. Proto, assistant state's attorney, for the
petitioner, Earl Thompson, inmate # 305523, alleges in his
petition for a writ of habeas corpus, initially filed on
August 31, 2011, and amended for the final time on June 10,
2014, that his confinement under the custody of the
respondent, the Commissioner of Correction, is illegal.
Specifically, the petitioner in the three count complaint
alleges that: (1) he is actually innocent of the crimes of
which he was convicted; (2) his trial defense counsel,
Attorney Gerald Beaudoin, was ineffective in his
representation of the petitioner at his criminal trial; and
(3) that his appellate counsel, Attorney Beaudoin, was
the July 29, 2014 trial on the merits of this habeas
petition, the court received testimony from the petitioner,
his trial defense counsel, Attorney Beaudoin, Attorney John
Walkley, inmate Stephen Nelson, and inmate Ian Wright.
Finally, the court received various pieces of documentary