Nieves v. Commissioner of Correction
Decision Date | 06 December 2005 |
Docket Number | (AC 25814) |
Citation | 92 Conn. App. 534,885 A.2d 1268 |
Parties | ALBERTO NIEVES v. COMMISSIONER OF CORRECTION |
Court | Connecticut Court of Appeals |
Auden Grogins, special public defender, for the appellant (petitioner).
Sarah Hanna, special deputy assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Linda N. Howe, senior assistant state's attorney, for the appellee (respondent).
The petitioner, Alberto Nieves, appeals from the judgment of the habeas court, denying his amended petition for a writ of habeas corpus in which he alleged that his trial counsel rendered ineffective assistance. We affirm the judgment of the court.
The facts of the underlying criminal case are set out in State v. Nieves, 69 Conn. App. 96, 793 A.2d 290, cert. denied, 260 Conn. 930, 798 A.2d 972 (2002), in which we affirmed the petitioner's conviction of murder in violation of General Statutes § 53a-54a and carrying a pistol without a permit in violation of General Statutes § 29-35 (a). Briefly, on June 28, 1996, the petitioner and four other men were involved in an altercation with the victim, David Laureano, whom the defendant fatally shot. When the police apprehended the petitioner, he shouted that he had not shot or killed anyone. Forensic tests revealed the presence of lead on the petitioner's hands. State v. Nieves, supra, 97-99.
(Citations omitted; internal quotation marks omitted.) Edwards v. Commissioner of Correction, 88 Conn. App. 169, 172-73, 868 A.2d 125, cert....
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