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.

Thompson v. Commissioner of Correction

Court of Appeals of Connecticut

April 4, 2017

EARL THOMPSON
v.
COMMISSIONER OF CORRECTION

          Argued December 6, 2016

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

          Justine F. Miller, assigned counsel, for the appellant (petitioner).

          Bruce 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.

          OPINION

          PER CURIAM.

         Following 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.

         The 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.

         The 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 kidnapping.

         Our 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).

         The appeal is dismissed.

         APPENDIX

         Superior Court, Judicial District of Tolland File No. CV-12-4004330

         Proceedings

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

         W. Theodore Koch III, for the petitioner.

         Lisamaria T. Proscino, special deputy assistant state's attorney, and Michael J. Proto, assistant state's attorney, for the respondent.

         OPINION

          FUGER, J.

         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 ineffective.

         During 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 ...


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.