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Harris v. Commissioner of Correction

Appellate Court of Connecticut

July 16, 2019

Troy HARRIS
v.
COMMISSIONER OF CORRECTION

         Argued April 17, 2019

         Appeal from the Superior Court, Judicial District of Tolland, Sferrazza, J.

Page 423

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          Deren Manasevit, assigned counsel, for the appellant (petitioner).

         Laurie 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.

          OPINION

         LAVINE, J.

         [191 Conn.App. 239] The 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 [191 Conn.App. 240] 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.

          This is 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.

         "The [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).

         Jamison, Simpson, and Dozier testified at the petitioner’s underlying criminal trial. "Jamison testified that she and the [petitioner] lived together at the address [191 Conn.App. 241] where the shooting took place, and that, on the night of ...


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