Davis v. Commissioner of Correction

Connecticut Appellate Court

Davis v. Commissioner of Correction

667 A.2d 560, 39 Conn. App. 735, 1995 Conn. App. LEXIS 470

CourtConnecticut Appellate Court

DecidedNovember 28, 1995

Docket14183; 14303

StatusPublished

Cited by3 cases

This text of 667 A.2d 560 (Davis 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

Davis v. Commissioner of Correction, 667 A.2d 560, 39 Conn. App. 735, 1995 Conn. App. LEXIS 470 (Colo. Ct. App. 1995).

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Opinion

PER CURIAM.

The petitioner appeals from two decisions of the habeas court dismissing his writs of habeas coipus. Bo tli cases were argued before this court on the same day. Appeal 14303 arises out of the petitioner’s convictions of robbery in the first degree, threatening, and accessory to kidnapping with a firearm in April, 1991. The genesis of appeal 14183 is the petitioner’s convictions of robbery in the first degree and theft of firearm in August, 1991.

A common issue is presented by both appeals and we therefore consider them together. After a review of the records and briefs, and after considering the oral [736]*736arguments, we conclude that the petitioner has not made a substantial showing in either case that he has been denied a state or federal constitutional right or sustained the burden of persuasion that the denial of certification to appeal was a clear abuse of discretion or that an injustice has 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 dismissals of the petitioner’s claims were predicated on the credibility of the witnesses. The habeas court’s findings were not contested on appeal; the petitioner did not file motions to correct or motions for articulation. See Bush v. Commissioner of Correction, 37 Conn. App. 930, 657 A.2d 724 (1995). Our review of the underlying historical facts found by the habeas court leads us to conclude that they are not clearly erroneous. McKnight v. Commissioner of Correction, 35 Conn. App. 762, 765, 646 A.2d 305, cert. denied, 231 Conn. 936, 650 A.2d 173 (1994).

The appeals are dismissed.¹

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PER CURIAM.

The petitioner appeals from two decisions of the habeas court dismissing his writs of habeas coipus. Bo tli cases were argued before this court on the same day. Appeal 14303 arises out of the petitioner’s convictions of robbery in the first degree, threatening, and accessory to kidnapping with a firearm in April, 1991. The genesis of appeal 14183 is the petitioner’s convictions of robbery in the first degree and theft of firearm in August, 1991.

A common issue is presented by both appeals and we therefore consider them together. After a review of the records and briefs, and after considering the oral [736]*736arguments, we conclude that the petitioner has not made a substantial showing in either case that he has been denied a state or federal constitutional right or sustained the burden of persuasion that the denial of certification to appeal was a clear abuse of discretion or that an injustice has 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 dismissals of the petitioner’s claims were predicated on the credibility of the witnesses. The habeas court’s findings were not contested on appeal; the petitioner did not file motions to correct or motions for articulation. See Bush v. Commissioner of Correction, 37 Conn. App. 930, 657 A.2d 724 (1995). Our review of the underlying historical facts found by the habeas court leads us to conclude that they are not clearly erroneous. McKnight v. Commissioner of Correction, 35 Conn. App. 762, 765, 646 A.2d 305, cert. denied, 231 Conn. 936, 650 A.2d 173 (1994).

The appeals are dismissed.¹

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Bluebook (online)

667 A.2d 560, 39 Conn. App. 735, 1995 Conn. App. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-commissioner-of-correction-connappct-1995.

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