Ayuso v. Commissioner of Correction

Citations

• 216 Conn. App. 234

Syllabus

The petitioner sought a writ of habeas corpus, alleging that the respondent Commissioner of Correction had provided him with inadequate treat- ment for certain medical conditions that constituted deliberate indiffer- ence to his medical needs in violation of the eighth amendment to the United States constitution. The habeas court rendered judgment denying the habeas petition and, thereafter, denied the petitioner certification to appeal, and the petitioner appealed to this court. Held that the petitioner failed to demonstrate that the habeas court abused its discretion by denying his petition for certification to appeal, as the court expressly credited the testimony of the respondent's medical expert, who opined to a reasonable degree of medical certainty that the petitioner had received adequate medical treatment, as well that of the petitioner's treating physician, in finding that the petitioner had received medically appropriate treatment, and this court, on appeal, would not second- guess those credibility determinations. Argued September 19—officially released October 25, 2022