April 17, 2019
petition for a writ of habeas corpus, brought to the Superior
Court in the judicial district of Tolland and tried to the
court, Sferrazza, J.; judgment denying the petition;
thereafter, the court denied the petition for certification
to appeal, and the petitioner appealed to this court;
subsequently, the court, Sferrazza, J., denied the
petitioner's motion for articulation; thereafter, this
court granted the petitioner's motion for review but
denied the relief requested therein. Appeal dismissed.
Manasevit, assigned counsel, for the appellant (petitioner).
N. Feldman, special deputy assistant state's attorney,
with whom, on the brief, were Maureen Platt, state's
attorney, and Marc G. Ramia, senior assistant state's
attorney, for the appellee (respondent).
Lavine, Elgo and Bishop, Js.
petitioner, Troy Harris, appeals from the habeas court's
denial of his petition for certification to appeal from its
judgment denying his third petition for a writ of habeas
corpus. On appeal, the petitioner claims that the habeas
court abused its discretion in denying his petition for
certification to appeal and improperly concluded that the
petitioner's prior habeas and trial counsel were not
ineffective for failing to obtain the psychiatric records of
one of the state's witnesses, Tammy Jamison. We conclude
that the habeas court did not abuse its discretion in denying
the petition for certification to appeal and, accordingly,
dismiss the petitioner's appeal.
the fourth time that the petitioner has been before this
court. The following facts, as this court summarized on
direct appeal, and procedural history, as articulated by this
court on the petitioner's second habeas appeal, are
relevant to our resolution of the issues in the present
appeal. ‘‘On May 16, 2000, John Simpson drove
Howard Dozier and Hector Quinones to Washington Street in
Waterbury to pick up Ray Ramos. At that time, the
[petitioner] was residing at 39 Washington Street with . . .
Jamison, the mother of his child. Simpson stopped the vehicle
he was driving on Washington Street in a driveway between the
[petitioner's] house and the house where they were
picking up Ramos, and all three men exited the car. Dozier
walked up the street and encountered the [petitioner]
standing on his porch . . . . Dozier and the [petitioner] had
a brief conversation. As Dozier turned his back to the
[petitioner] in an attempt to return to the vehicle in which
he had arrived, the [petitioner] began firing an Uzi machine
gun at Dozier. Dozier ran back to the vehicle and he and
Simpson drove off. The [petitioner] continued to fire at the
vehicle, and Simpson, who was driving, was shot in his neck.
[petitioner] was tried to a jury, which found him guilty of
attempting to murder Simpson and Dozier, as well as the first
degree assault on Simpson. The [petitioner] received a total
effective sentence of forty years imprisonment.''
(Footnotes omitted.) State v. Harris, 85 Conn.App.
637, 639-40, 858 A.2d 284, cert. denied, 272 Conn. 901, 863
A.2d 695 (2004).
Simpson, and Dozier testified at the petitioner's
underlying criminal trial. ‘‘Jamison testified
that she and the [petitioner] lived together at the address
where the shooting took place, and that, on the night of the
shooting, she saw the [petitioner] leave their apartment with
a machine gun that she had seen in his possession
approximately one month earlier. . . . [S]he looked down from
the second floor window and saw the tip of the gun, a person
across the street and shots fire out of the gun. . . .
[A]fter the shooting, the [petitioner] came back upstairs
carrying the gun and . . . [Jamison] and the [petitioner]
wrapped it in a shirt and placed it inside a book bag. . . .
[S]he then left the apartment with the gun and went to her
aunt's house, where she hid the gun inside a grill. . . .
[A]t the [petitioner's] request, she gave the gun to
Dontae Stallings, a friend of the [petitioner] who lived in
their building. Jamison also revealed that she was
incarcerated after pleading guilty to charges of hindering
prosecution for hiding the [gun]. [Moreover], Jamison
testified that the [petitioner] told her that he fired the
gun from the porch and that there was no question in her mind
that . . . [he] fired the gun from her porch.''
(Footnotes omitted.) Id., 653-54.
testified that he knew the [petitioner] from previous
encounters . . . . [H]e and the [petitioner] previously had
engaged in face-to-face disagreements. . . . [O]n the night
of the shooting, he was having a conversation with the
[petitioner] when the [petitioner] pulled out a gun from
behind his leg. . . . [W]hen he saw the [petitioner] raise
the gun, he turned and ran toward the vehicle Simpson was
driving, and then shots were fired. . . . [H]e did not see
anyone else with a gun besides the [petitioner]. . . .
testified that he had a conversation with the [petitioner]
immediately before the shots were fired. . . . [H]e saw the
[petitioner] on his porch, holding a gun, and was assured by
the [petitioner] that he was ‘straight' when he
asked the [petitioner] if he was going to shoot him. Simpson
further testified that he saw the [petitioner] fire the gun
at Dozier as he ran down the street.'' Id.,
direct appeal, this court determined that ‘‘the
state's case was overwhelmingly strong. This was not
merely a credibility contest between one defendant and one
victim-this was a credibility contest, supported by physical
evidence, among the [petitioner] and Simpson, his assault
victim and attempted murder victim; Dozier, an eyewitness to
the assault and an attempted murder victim; and Jamison, the
mother of his child, with whom he was residing at the time of
the shooting. The evidence showed no connection between
Jamison and the victims, and therefore no reason to suspect
that she offered false testimony to corroborate the stories
of Simpson and Dozier. The evidence also showed that Simpson
and Dozier had nopersonal animus toward the [petitioner], and
therefore no motivation to fabricate a story. The physical
evidence showed conclusively that the gun from which the
bullets were fired was the same gun that was recovered after
Jamison told the police where she disposed of it after it was