Anwar S. v. Commissioner of Correction

Syllabus

The petitioner, who previously had been convicted of, inter alia, sexual assault in the first degree, appealed following the denial of his petition for certification to appeal from the habeas court's judgment dismissing in part and denying in part his petition for a writ of habeas corpus. The petitioner claimed, inter alia, that the habeas court improperly dismissed his claim that certain evidence admitted in his criminal trial was testimonial hearsay and that its admission deprived the petitioner of his constitutional right to confrontation. Held: The habeas court did not abuse its discretion in denying the petition for certification to appeal, as the petitioner failed to demonstrate that the issues raised were debatable among jurists of reason, that a court could resolve them in a different manner, or that the questions were adequate to deserve encouragement to proceed further. The habeas court properly dismissed the petitioner's claim alleging a violation of his constitutional right to confrontation on the ground of res judicata, as that claim was previously asserted and adjudicated fully on the merits in his direct appeal and the petitioner failed to state new facts or to proffer new evidence that was not reasonably available to him when he filed his direct appeal. Argued March 20, 2025—officially released January 13, 2026