ROBERT S.
v.
COMMISSIONER OF CORRECTION[*]
Argued
September 11, 2019
Superior Court, Judicial District of Tolland, Sferrazza, J.
Page 494
[Copyrighted Material Omitted]
Page 495
James
E. Mortimer, assigned counsel, for the appellant
(petitioner).
Lawrence
J. Tytla, supervisory assistant states attorney, for the
appellee (respondent).
Keller,
Bright and Bear, Js.
OPINION
BEAR,
J.
[194
Conn.App. 383] The petitioner, Robert S., appeals following
the denial of his amended petition for certification to
appeal 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 (1) abused its
discretion in denying his petition for certification to
appeal and (2) improperly concluded that he failed to
establish that he had received ineffective assistance from
his trial counsel because they failed to conduct a proper
investigation and to advise him of the viability of an
intoxication defense. We conclude that the habeas court did
not abuse its discretion in denying the petition for
certification to appeal and, accordingly, dismiss the
petitioners appeal.
The
habeas courts memorandum of decision sets forth the
following relevant facts and procedural history: "In the
early hours of April 20, 2004, in New London, the petitioner
visited the apartment of his former girlfriend [F, who was
also the mother of his son]. While there, he stabbed [F]
multiple times as well as stabbing a neighbor .... While [F]
sought refuge in [the neighbors] apartment, the petitioner
barricaded himself, his [194 Conn.App. 384] fifteen month old
son ... and [Fs] ten year old sister ... in [Fs] apartment.
"When the police arrived and pleaded with the petitioner
to permit them to enter the apartment, the petitioner falsely
warned them that he had a gun and would commence shooting if
anyone tried to enter. The police could hear [Fs sister]
screaming for help but could not break down the metal door to
the apartment.
"Eventually,
the petitioner unlocked the door, and the police discovered
that the petitioner stabbed to death [both children]. The
petitioner stabbed [Fs sister] eleven times frontally and
ten times in her back. She had six wounds to her neck. The
petitioner stabbed [his son approximately] fourteen times,
the blows distributed to the toddlers neck, scalp, chest,
and abdomen....
"[T]he
petitioner faced capital felony charges which allowed for
imposition of the death penalty or life imprisonment without
possibility of parole upon conviction. Murder of two persons
in the course of a single transaction was a capital felony in
2004. ...