Haughey v. Commissioner of Correction

Syllabus

The petitioner, who previously had been convicted of, inter alia, murder, appealed following the denial of his petition for certification to appeal from the habeas court's judgment denying his petition for a writ of habeas corpus. After the habeas trial, but prior to the issuance of the court's memorandum of decision, the petitioner filed a motion to dismiss counsel and to appoint new counsel, alleging that his habeas counsel in the present action rendered ineffective assistance. After the court issued its decision on the habeas petition, a different judge denied the petitioner's motion to dismiss counsel and to appoint new counsel as moot. On appeal, the petitioner claimed, inter alia, that the court abused its discretion when it denied his petition for certification to appeal. Held: The habeas court abused its discretion in denying the petition for certifica- tion to appeal, as the petitioner demonstrated 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 encourage- ment to proceed further. The habeas court improperly determined that the petitioner's motion to dismiss counsel and to appoint new counsel was moot because a decision had been rendered on the merits of the habeas petition, as the petitioner could have obtained practical relief and, therefore, further proceedings were necessary. Argued September 3—officially released December 9, 2025