Birch v. State

Citations

• 334 Conn. 69

Syllabus

The petitioner, who had been convicted of felony murder in connection with the stabbing death of the victim, filed a petition for a new trial based on a claim of newly discovered DNA and other evidence. Thereafter, the petitioner's case was consolidated with the petitioner's closely related habeas action. The habeas court denied the petition for a new trial, and the petitioner appealed, claiming, inter alia, that the habeas court incorrectly determined that the newly discovered DNA evidence did not warrant a new trial. Held that this court having determined in Birch v. Commissioner of Correction (334 Conn. 37), which addressed the petitioner's appeal from the denial of his habeas petition, that the peti- tioner is entitled to a writ of habeas corpus granting him a new trial insofar as the state deprived him of a fair trial by failing to correct certain incorrect trial testimony, the petitioner's appeal from the denial of his petition for a new trial was rendered moot, and, accordingly, the appeal was dismissed. Argued October 12, 2018—officially released June 14, 2019