Alston v. Commissioner of Correction

Syllabus

The petitioner, who had previously pleaded guilty to possession of a weapon or dangerous instrument in a correctional institution, appealed, following the denial of his petition for certification to appeal from the judgment of the habeas court dismissing his second amended petition for a writ of habeas corpus. The petitioner claimed, inter alia, that the court improperly dismissed his habeas petition, which claimed that a prior habeas court had improperly denied his application for the appointment of counsel on appeal. Held: The habeas court did not abuse its discretion in denying the petition for certification to appeal, as the resolution of the petitioner's claim did not involve issues that are debatable among jurists of reason, that a court could resolve in a different manner, or that were adequate to deserve encourage- ment to proceed further. The habeas court properly dismissed the habeas petition pursuant to the rule of practice (§ 23-29 (2)) for failure to state a claim on which habeas corpus relief could be granted, as the petitioner's claim asking the second habeas court to review and address the validity and legal soundness of a prior habeas court's decision to deny the petitioner's request to appoint counsel on appeal was beyond the power and authority of the second habeas court, and the proper procedural vehicle to have challenged the first habeas court's determination should have been by a motion for review pursuant to the rule of practice (§ 63-7). Argued September 15—officially released December 9, 2025