Thompson v. Comm'r of Correction.
Decision Date | 27 September 2011 |
Docket Number | No. 32044.,32044. |
Citation | 27 A.3d 86,131 Conn.App. 671 |
Court | Connecticut Court of Appeals |
Parties | Ryan THOMPSONv.COMMISSIONER OF CORRECTION. |
OPINION TEXT STARTS HERE
Adele V. Patterson, senior assistant public defender, for the appellant (petitioner).Timothy J. Sugrue, assistant state's attorney, with whom, on the brief, were Patricia M. Froehlich, state's attorney, Angela R. Macchiarulo, senior assistant state's attorney, and Erika L. Brookman, deputy assistant state's attorney, for the appellee (respondent).ROBINSON, BEAR and PETERS, Js.BEAR, J.
The petitioner, Ryan Thompson, appeals following the denial of his petition for certification to appeal from the judgment denying his petition for a writ of habeas corpus. The petitioner claims that the habeas court abused its discretion in denying certification to appeal in that it (1) erred in rejecting his claim that his trial counsel had provided ineffective assistance and (2) erred in excluding evidence relevant and admissible to prove the elements of ineffective assistance of counsel. We dismiss the appeal.
The following relevant facts, as stated by our Supreme Court in State v. Thompson, 266 Conn. 440, 832 A.2d 626 (2003), and adopted by the habeas court, are as follows. “On April 18, 1998, the victim, Robert McCaffery, and his best friend, John Jones, attended a party at the apartment of Ron Harding in the Moosup section of Plainfield. The [petitioner] and four of his friends, Robert Comeau, Jared Gilkenson, Brandy Stebbins and David Stebbins, also attended, although Harding had not invited them. The [petitioner] and his friends arrived in Brandy Stebbins' car, a purple Chevy Cavalier. The [petitioner] was wearing a white Nike pullover jacket and a baseball cap. Gilkenson had brought the [petitioner]'s nunchakus 1 to the party, which he at first wore in the front of his pants. Later, he showed the nunchakus to people at the party. During the party, an argument started among David Stebbins, the [petitioner] and two brothers, Matt Benoit and Chris Benoit, which continued outside Harding's apartment. Sometime during the course of the argument, while they were still inside, Chris Benoit pushed David Stebbins, who then grabbed the nunchakus from Gilkenson, spun them around, and broke them on the stair railing. Harding, who had come outside because he had heard about the fight, broke it up and told the [petitioner] and David Stebbins to leave. At the same time, and because of the fight, Mandie Green, one of Harding's roommates, told everyone that the party was over.
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