Daniel W. E. v. Commissioner of Correction

Citations

• 235 Conn. App. 124

Syllabus

The petitioner, who had previously been convicted of sexual assault and risk of injury to a child, appealed after the habeas court denied his petition for certification to appeal from its judgment denying his petition for a writ of habeas corpus. He claimed, inter alia, that the court improperly construed the allegations in his petition for a writ of habeas corpus, resulting in a deprivation of his right to due process. Held: The habeas court did not abuse its discretion in denying the petitioner certification to appeal, as he failed to demonstrate that his underlying claim of error was debatable among jurists of reason, that a court could resolve the issues in a different manner or that the question was adequate to deserve encouragement to proceed further, and, accordingly, this court concluded that the petitioner failed to invoke this court's jurisdiction, and the appeal was dismissed. The habeas court properly denied the petition for a writ of habeas corpus, as, despite the petitioner's claim to the contrary, the court properly construed the allegations of the petition to the petitioner's benefit, in light of the petitioner's legal burden and the specific relief sought by him, and, even if the petitioner could demonstrate that the court erred in its interpretation of the allegations in the petition, the petitioner failed to demonstrate that it resulted in a specific due process violation as was alleged. Argued March 17—officially released September 16, 2025