Brown v. Commissioner of Correction
Decision Date | 27 February 2007 |
Docket Number | No. 17626.,17626. |
Citation | 915 A.2d 870,281 Conn. 466 |
Court | Connecticut Supreme Court |
Parties | Judson BROWN v. COMMISSIONER OF CORRECTION. |
M. O'Toole, Hartford, for the appellant (petitioner).
James A. Killen, senior assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Linda Howe, senior assistant state's attorney, for the appellee (respondent).
BORDEN, KATZ, PALMER, VERTEFEUILLE and ZARELLA, Js.
The petitioner, Judson Brown, appeals, following our grant of his petition for certification, from the judgment of the Appellate Court affirming the judgment of the habeas court denying his petition for a writ of habeas corpus. See Brown v. Commissioner of Correction, 92 Conn.App. 382, 389, 885 A.2d 761 (2005).
The facts and procedural history, as set forth by the Appellate Court, provide as follows. "In October, 1996, the petitioner was arrested and charged in connection with an arson committed that August.1 He initially claimed indigence and requested a public defender. Two public defenders filed appearances on behalf of the petitioner, one in December, 1996, and the second, which was in addition to the first, in October, 1998. On November 12, 1998, the state filed a motion for judicial determination of eligibility for public defender services. The following day, in response to the state's motion and on the basis of information discovered in conjunction with their preparation to defend the petitioner against incidents of uncharged misconduct the state sought to introduce at trial, the public defenders filed a motion to withdraw, having determined that the petitioner no longer qualified for public defender services.2 Although jury selection was scheduled to begin at about the time those motions were filed, the petitioner's public defenders represented that they believed that in the event their motion to withdraw was granted, the court would grant the petitioner a continuance so as to allow him to retain private counsel. On November 16, 1998, the court granted the motion to withdraw. The petitioner did not challenge that ruling and, on December 11, 1998, filed a pro se appearance. The petitioner's criminal trial began in May, 1999.
In the Appellate Court, the petitioner claimed that the habeas court "improperly concluded that he was not deprived of the effective assistance of counsel because of the alleged failure of his public defenders to ensure that he received his file promptly following their withdrawal from his criminal case." Id., at 383, 885 A.2d 761. Stressing the fact that the petitioner's claim was not ...
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