Diaz v. Commissioner of Correction

Connecticut Appellate Court

Diaz v. Commissioner of Correction

877 A.2d 884, 90 Conn. App. 328, 2005 Conn. App. LEXIS 309

CourtConnecticut Appellate Court

DecidedJuly 19, 2005

DocketAC 25647

StatusPublished

Cited by1 cases

This text of 877 A.2d 884 (Diaz 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.

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Diaz v. Commissioner of Correction, 877 A.2d 884, 90 Conn. App. 328, 2005 Conn. App. LEXIS 309 (Colo. Ct. App. 2005).

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Opinion

Opinion

PER CURIAM.

The habeas court dismissed the amended petition for a writ of habeas corpus that was filed by the petitioner, Herman Diaz. The petitioner claimed that his trial counsel rendered ineffective legal assistance and that he was actually innocent of the crimes of which he was convicted. The petitioner appeals following the court’s denial of his petition for certification to appeal. We dismiss the appeal.

We have reviewed both the issues raised by the petitioner in his amended petition and the court’s resolution of those issues. We conclude that the petitioner has not demonstrated that the issues raised are debatable among jurists of reason, that a court could resolve the issues in a different manner or that the questions raised [329]*329deserve encouragement to proceed further. See Lozada v. Deeds, 498 U.S. 430, 431-32, 111 S. Ct. 860, 112 L. Ed. 2d 956 (1991). Having failed to satisfy any of those criteria, the petitioner has failed to demonstrate that the court’s denial of his petition for certification to appeal reflects an abuse of discretion. See Simms v. Warden, 230 Conn. 608, 616, 646 A.2d 126 (1994).

The appeal is dismissed.

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Opinion

PER CURIAM.

The habeas court dismissed the amended petition for a writ of habeas corpus that was filed by the petitioner, Herman Diaz. The petitioner claimed that his trial counsel rendered ineffective legal assistance and that he was actually innocent of the crimes of which he was convicted. The petitioner appeals following the court’s denial of his petition for certification to appeal. We dismiss the appeal.

We have reviewed both the issues raised by the petitioner in his amended petition and the court’s resolution of those issues. We conclude that the petitioner has not demonstrated that the issues raised are debatable among jurists of reason, that a court could resolve the issues in a different manner or that the questions raised [329]*329deserve encouragement to proceed further. See Lozada v. Deeds, 498 U.S. 430, 431-32, 111 S. Ct. 860, 112 L. Ed. 2d 956 (1991). Having failed to satisfy any of those criteria, the petitioner has failed to demonstrate that the court’s denial of his petition for certification to appeal reflects an abuse of discretion. See Simms v. Warden, 230 Conn. 608, 616, 646 A.2d 126 (1994).

The appeal is dismissed.

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877 A.2d 884, 90 Conn. App. 328, 2005 Conn. App. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-commissioner-of-correction-connappct-2005.

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