Tierinni v. Commissioner of Correction

Citations

• 230 Conn. App. 318

Syllabus

The petitioner, who had been convicted of various crimes in connection with his relationship with a fifteen year old child, appealed following the denial of his petition for certification to appeal from the judgment of the habeas court denying his petition for a writ of habeas corpus. He claimed that the court abused its discretion in denying his petition for certification to appeal and improperly sustained three evidentiary objections made during the habeas trial by the respondent, the Commissioner of Correction. Held: The habeas court did not abuse its discretion in denying the petitioner's petition for certification to appeal, as the resolution of the petitioner's evidentiary claims did not involve issues that were debatable among jurists of reason, were adequate to deserve encouragement to proceed further or could be resolved by a court in a different manner. This court declined to review, as unpreserved, the petition's claim that the habeas court improperly sustained two hearsay objections made by the respondent. This court, assuming without deciding that the habeas court improperly sustained the respondent's relevance objection to certain testimony by the petitioner regarding a plea offer, concluded that the petitioner failed to prove that he was harmed by the alleged evidentiary error. Argued September 16, 2024—officially released January 21, 2025