Littlefield v. Commissioner of Correction

Connecticut Appellate Court

Littlefield v. Commissioner of Correction

757 A.2d 679, 59 Conn. App. 432, 2000 Conn. App. LEXIS 413

CourtConnecticut Appellate Court

DecidedAugust 22, 2000

DocketAC 19215

StatusPublished

This text of 757 A.2d 679 (Littlefield 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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Littlefield v. Commissioner of Correction, 757 A.2d 679, 59 Conn. App. 432, 2000 Conn. App. LEXIS 413 (Colo. Ct. App. 2000).

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Opinion

Opinion

PER CURIAM.

The petitioner, Robert Littlefield, appeals from the habeas court’s denial of his amended petition for a writ of habeas corpus. Following a review of the record and briefs and after hearing the parties at oral argument, we conclude that the petitioner has failed to make a substantial showing that he has been denied a state or federal constitutional right. Accordingly, we affirm the judgment of the habeas court.

On February 9, 1995, the petitioner pleaded guilty to six charges in two files.² He was sentenced to a total effective sentence of twenty-five years, suspended after thirteen years, with seven years probation. In 1998, the petitioner filed an amended petition for a writ of habeas corpus, alleging that he had been denied effective assistance of trial counsel. Specifically, the petitioner alleged that trial counsel failed to advise him adequately regarding his decision to plead guilty and failed to move to suppress his confessions based on the petitioner’s allegations of coercion. Following trial, the habeas court denied the petition.

[434]*434The habeas court’s denial of the petitioner’s petition was predicated on a factual review of the petitioner’s claim. “This court does not retry the case or evaluate the credibility of witnesses. . . . Rather, we must defer to the [trier of fact’s] assessment of the-credibility of witnesses based on its firsthand observation of their conduct, demeanor and attitude.” (Citation omitted; internal quotation marks omitted.) State v. McClam, 44 Conn. App. 198, 208, 689 A.2d 475, cert. denied, 240 Conn. 912, 690 A.2d 400 (1997).

In a thoughtful and comprehensive memorandum of decision, the habeas court analyzed the petitioner’s claim and the law applicable thereto. Littlefield v. Commissioner of Correction, 46 Conn. Sup. 495, 757 A.2d 1272 (1998). Because the habeas court’s memorandum of decision fully addresses the issues raised in this appeal, we adopt it as a proper statement of the facts and the applicable law. It would serve no useful purpose for us to repeat the discussion contained therein. See Diggs v. Commissioner of Correction, 57 Conn. App. 734, 736, 750 A.2d 1151 (2000). We conclude that the habeas court had before it sufficient evidence to find as it did.

The judgment is affirmed.

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Opinion

PER CURIAM.

The petitioner, Robert Littlefield, appeals from the habeas court’s denial of his amended petition for a writ of habeas corpus. Following a review of the record and briefs and after hearing the parties at oral argument, we conclude that the petitioner has failed to make a substantial showing that he has been denied a state or federal constitutional right. Accordingly, we affirm the judgment of the habeas court.

On February 9, 1995, the petitioner pleaded guilty to six charges in two files.² He was sentenced to a total effective sentence of twenty-five years, suspended after thirteen years, with seven years probation. In 1998, the petitioner filed an amended petition for a writ of habeas corpus, alleging that he had been denied effective assistance of trial counsel. Specifically, the petitioner alleged that trial counsel failed to advise him adequately regarding his decision to plead guilty and failed to move to suppress his confessions based on the petitioner’s allegations of coercion. Following trial, the habeas court denied the petition.

[434]*434The habeas court’s denial of the petitioner’s petition was predicated on a factual review of the petitioner’s claim. “This court does not retry the case or evaluate the credibility of witnesses. . . . Rather, we must defer to the [trier of fact’s] assessment of the-credibility of witnesses based on its firsthand observation of their conduct, demeanor and attitude.” (Citation omitted; internal quotation marks omitted.) State v. McClam, 44 Conn. App. 198, 208, 689 A.2d 475, cert. denied, 240 Conn. 912, 690 A.2d 400 (1997).

In a thoughtful and comprehensive memorandum of decision, the habeas court analyzed the petitioner’s claim and the law applicable thereto. Littlefield v. Commissioner of Correction, 46 Conn. Sup. 495, 757 A.2d 1272 (1998). Because the habeas court’s memorandum of decision fully addresses the issues raised in this appeal, we adopt it as a proper statement of the facts and the applicable law. It would serve no useful purpose for us to repeat the discussion contained therein. See Diggs v. Commissioner of Correction, 57 Conn. App. 734, 736, 750 A.2d 1151 (2000). We conclude that the habeas court had before it sufficient evidence to find as it did.

The judgment is affirmed.

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757 A.2d 679, 59 Conn. App. 432, 2000 Conn. App. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/littlefield-v-commissioner-of-correction-connappct-2000.

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