David A. ABRAMS
COMMISSIONER OF CORRECTION
May 29, 2019
[Copyrighted Material Omitted]
Court, Judicial District of Tolland, Oliver, J.
Marshall, with whom, on the brief, was Walter C. Bansley IV,
New Haven, for the appellant (petitioner).
Hanna, assistant states attorney, with whom, on the brief,
were Stephen J. Sedensky, states attorney, and Jo Anne
Sulik, supervisory assistant states attorney, for the
Bright and Devlin, Js.
Conn.App. 851] The petitioner, David A. Abrams, appeals,
following the granting of his certification to appeal, from
the judgment of the habeas court denying his fourth petition
for a writ of habeas corpus. He claims that counsel who
represented him in the appeal taken from the denial of his
first petition for a writ of habeas corpus, John C. Drapp,
rendered ineffective assistance by withdrawing the appeal
pursuant to Practice Book § 63-9. On appeal, the petitioner
asserts that the habeas court erred in concluding that Drapp
did not render ineffective assistance by withdrawing the
appeal at the petitioners direction because his decision to
withdraw [192 Conn.App. 852] the appeal was based on Drapps
poor advice. We disagree and, accordingly, affirm
the judgment of the habeas court.
following procedural history and facts, as found by the
habeas court, are relevant to this appeal. The petitioner was
convicted, following a jury trial, of attempt to commit
murder in violation of General Statutes § § 53a-49 and
53a-54a (a), assault in the first degree in violation of
General Statutes § 53a-59 (a) (1), and criminal possession of
a firearm in violation of General Statutes § 53a-217. The
petitioners sentence was enhanced pursuant to
General Statutes § 53-202k based on the finding that he
committed a class B felony with a firearm. On December 7,
2011, the petitioner was sentenced to a total effective
sentence of fifty-one years of incarceration, followed by
nine years of special parole. The petitioner
subsequently appealed to this [192 Conn.App. 853] court,
which affirmed the judgment of the ...