Alston v. Commissioner of Correction

Summary

The Connecticut Appellate Court dismissed Ira Alston’s appeal from the dismissal of his second habeas petition. The court held that the second habeas court properly dismissed a claim seeking review of a prior habeas court’s denial of appellate counsel because that claim was beyond the second court’s authority and should have been raised by a motion for review. The court also concluded that the habeas court did not abuse its discretion in denying certification to appeal.

Holdings

1. The habeas court did not abuse its discretion in denying certification to appeal because the underlying claim was not debatable among jurists of reason, could not reasonably be resolved differently, and did not warrant further proceedings.
2. Count five failed to state a claim upon which habeas corpus relief could be granted because it asked the second habeas court to review the validity and legal soundness of a prior habeas court's decision.
3. A habeas petitioner seeking to challenge a prior habeas court's order denying appointment of appellate counsel must proceed by motion for review under Practice Book §§ 63-7 and 66-6, not by a subsequent habeas petition.

Questions Presented

1. Whether the habeas court abused its discretion by denying Alston's petition for certification to appeal.
2. Whether the second habeas court properly dismissed count five under Practice Book § 23-29 (2) for failure to state a claim for habeas relief.
3. Whether a subsequent habeas petition may be used to obtain review of a prior habeas court's decision denying appointment of appellate counsel.

Disposition

dismissed