Turner v. Commissioner of Correction
| Decision Date | 08 August 2006 |
| Docket Number | No. 25979.,25979. |
| Citation | 902 A.2d 716,97 Conn.App. 15 |
| Parties | Corey TURNER v. COMMISSIONER OF CORRECTION. |
| Court | Connecticut Court of Appeals |
David B. Rozwaski, special public defender, for the appellant (petitioner).
Julia K. Conlin, assistant state's attorney, with whom, on the brief, were James E. Thomas, state's attorney, and Angela R. Macchiarulo, senior assistant state's attorney, for the appellee (respondent).
BISHOP, McLACHLAN and PELLEGRINO, Js.
The petitioner, Corey Turner, appeals following the habeas court's denial of his petition for certification to appeal from the dismissal of his second amended petition for a writ of habeas corpus. We dismiss the appeal.
The petitioner was convicted, following a jury trial, of murder in violation of General Statutes § 53a-54a and assault in the first degree in violation of General Statutes § 53a-59 (a)(5). The petitioner received a total effective sentence of sixty years incarceration. He then filed a direct appeal. Our Supreme Court transferred the appeal to itself pursuant to General Statutes § 51-199(c) and Practice Book § 65-1, and later affirmed the judgment of conviction. See State v. Turner, 252 Conn. 714, 751 A.2d 372 (2000).
The petitioner subsequently filed an amended petition for a writ of habeas corpus in which he claimed that his trial and appellate counsel had provided ineffective assistance. The habeas court rejected the petitioner's claims and then denied his petition for certification to appeal. The petitioner appealed to this court, and we dismissed the appeal. See Turner v. Commissioner of Correction, 86 Conn. App. 341, 861 A.2d 522 (2004), cert. denied, 272 Conn. 914, 866 A.2d 1286 (2005).
The petitioner then filed a second amended petition for a writ of habeas corpus in which he again claimed that his trial counsel, Leon M. Kaatz, had provided ineffective assistance. The respondent, the commissioner of correction, filed a motion to dismiss the petition on the ground of abuse of the writ, arguing that the petition did not present any new evidence in support of the claim of ineffective assistance. After a hearing, the court granted the motion to dismiss. The petitioner then filed a petition for certification to appeal, which the court denied.
On appeal, the petitioner claims that the court should have granted his petition for certification to appeal because he had discovered new evidence of Kaatz' allegedly ineffective assistance. In the petitioner's view, the new evidence was Kaatz' testimony at the habeas trial that he had advised the petitioner to accept a plea agreement. The petitioner contends that Kaatz' testimony surprised him because it differed from Kaatz' statement in a letter to him, dated June 25, 1996, that "it would be...
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Turner v. State, AC 37285
...Statutes § 53a–59, for which he received a total effective sentence of sixty years of incarceration. Turner v. Commissioner of Correction , 97 Conn.App. 15, 15, 902 A.2d 716 (2006). Our Supreme Court affirmed the judgment of conviction on direct appeal.3 State v. Turner , 252 Conn. 714, 751......
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Turner v. Comm'r of Corr.
...861 A.2d 522 (appeal from denial of petition alleging ineffective assistance of trial and appellate counsel); Turner v. Commissioner of Correction , 97 Conn. App. 15, 902 A.2d 716 (appeal from dismissal of petition alleging ineffective assistance of trial counsel), cert. denied, 280 Conn. 9......
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Turner v. Comm'r of Corr.
...of Correction, 118 Conn.App. 565, 984 A.2d 793 (2009), cert. denied, 296 Conn. 901, 991 A.2d 1104 (2010) ; Turner v. Commissioner of Correction, 97 Conn.App. 15, 902 A.2d 716, cert. denied, 280 Conn. 922, 908 A.2d 546 (2006) ; Turner v. Dzurenda, 596 F.Supp.2d 525 (D.Conn.2009), aff'd, 381 ......
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Turner v. Comm'r of Corr.
...of Correction, 118 Conn. App. 565, 984 A.2d 793 (2009), cert. denied, 296 Conn. 901, 991 A.2d 1104 (2010); Turner v. Commissioner of Correction, 97 Conn. App. 15, 902 A.2d 716, cert. denied, 280 Conn. 922, 908 A.2d 546 (2006); Turner v. Dzurenda, 596 F. Supp. 2d 525 (D. Conn. 2009), aff'd, ......