Bush v. Commissioner of Correction

Connecticut Appellate Court

Bush v. Commissioner of Correction

657 A.2d 724, 37 Conn. App. 930, 1995 Conn. App. LEXIS 244

CourtConnecticut Appellate Court

DecidedMay 2, 1995

Docket13805

StatusPublished

Cited by4 cases

This text of 657 A.2d 724 (Bush v. Commissioner of Correction) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bush v. Commissioner of Correction, 657 A.2d 724, 37 Conn. App. 930, 1995 Conn. App. LEXIS 244 (Colo. Ct. App. 1995).

Pincite

Opinion

Per Curiam.

After a review of the record and briefs, and after listening to the oral arguments, we conclude that the petitioner did not make a substantial showing that he has been denied a state or federal constitutional right or sustain the burden of persuasion that denial [931]*931of certification to appeal was clear abuse of discretion or that an injustice had been done. See Simms v. Warden, 230 Conn. 608, 612, 646 A.2d 126 (1994); Simms v. Warden, 229 Conn. 178, 189, 640 A.2d 601 (1994); see also Lozada v. Deeds, 498 U.S. 430, 431-32, 111 S. Ct. 860,112 L. Ed. 2d 956 (1991). The habeas court's dismissal of the petitioner’s claim was predicated upon the credibility of the witnesses. The habeas court’s findings were not contested on appeal; there was neither a motion to correct nor a motion for articulation.

The appeal is dismissed.

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Per Curiam.

After a review of the record and briefs, and after listening to the oral arguments, we conclude that the petitioner did not make a substantial showing that he has been denied a state or federal constitutional right or sustain the burden of persuasion that denial [931]*931of certification to appeal was clear abuse of discretion or that an injustice had been done. See Simms v. Warden, 230 Conn. 608, 612, 646 A.2d 126 (1994); Simms v. Warden, 229 Conn. 178, 189, 640 A.2d 601 (1994); see also Lozada v. Deeds, 498 U.S. 430, 431-32, 111 S. Ct. 860,112 L. Ed. 2d 956 (1991). The habeas court's dismissal of the petitioner’s claim was predicated upon the credibility of the witnesses. The habeas court’s findings were not contested on appeal; there was neither a motion to correct nor a motion for articulation.

The appeal is dismissed.

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Bluebook (online)

657 A.2d 724, 37 Conn. App. 930, 1995 Conn. App. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bush-v-commissioner-of-correction-connappct-1995.

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