Ramos v. Commissioner of Correction

AC 46912 (Conn. App. Ct. Jan. 27, 2026) · Connecticut Appellate Court · January 27, 2026 · No. AC 46912

Summary

The Connecticut Appellate Court dismissed Jose Eric Ramos’s appeal from the denial of his habeas petition and petition for certification to appeal. The court held that Ramos had not raised his claims concerning the adequacy of the canvass before dismissing habeas counsel and ineffective assistance of trial counsel in his certification petition, and that his canvass claim did not establish a constitutional issue warranting review under Golding.

Holdings

  1. The claim that the habeas court inadequately canvassed Ramos before granting his motion to dismiss habeas counsel was not raised in the petition for certification to appeal, and the Appellate Court therefore could not conclude that the habeas court abused its discretion in denying certification on that issue.
  2. The inadequate-canvass claim was not reviewable under Golding because Ramos failed to demonstrate that it involved a constitutional violation of a fundamental right.
  3. The ineffective-assistance claim was not reviewable because Ramos did not raise it in his petition for certification to appeal, and it did not challenge the habeas court's handling of the habeas proceeding in a manner that would bring it within the Banks exception.
  4. Ramos failed to establish that the habeas court abused its discretion in denying his petition for certification to appeal.

Questions Presented

  1. Whether Ramos properly raised in his petition for certification to appeal his claim that the habeas court inadequately canvassed him before granting his motion to dismiss habeas counsel.
  2. Whether the inadequate-canvass claim was reviewable under Golding or Banks as an unpreserved constitutional claim challenging the habeas court's handling of the habeas proceeding.
  3. Whether Ramos properly raised in his petition for certification his claim that the habeas court improperly concluded that trial counsel was not ineffective.
  4. Whether Ramos established that the habeas court abused its discretion in denying certification to appeal.

Disposition

dismissed

Cases Cited (29)

  • State v. Ramos, 178 Conn. App. 400, 414, 175 A.3d 1265 (2017), cert. denied, 327 Conn. 1003, 176 A.3d 1195 (2018), cert. denied, 585 U.S. 1007, 138 S. Ct. 2656, 201 L. Ed. 2d 1056 (2018)(followed for procedural history)
  • State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989)(applied)
  • In re Yasiel R., 317 Conn. 773, 781, 120 A.3d 1188 (2015)(applied)
  • Banks v. Commissioner of Correction, 347 Conn. 335, 350-51, 358, 297 A.3d 541 (2023)(applied)
  • Bosque v. Commissioner of Correction, 347 Conn. 377, 379, 297 A.3d 981 (2023)(followed)
  • Simms v. Warden, 229 Conn. 178, 187, 640 A.2d 601 (1994)(applied)
  • Simms v. Warden, 230 Conn. 608, 615-16, 646 A.2d 126 (1994)(applied)
  • Lozada v. Deeds, 498 U.S. 430, 431-32, 111 S. Ct. 860, 112 L. Ed. 2d 956 (1991)(followed)
  • Kowalyshyn v. Commissioner of Correction, 155 Conn. App. 384, 388-91, 109 A.3d 963, cert. denied, 316 Conn. 909, 111 A.3d 883 (2015)(followed)
  • Reese v. Commissioner of Correction, 219 Conn. App. 545, 549-52, 295 A.3d 513, cert. denied, 348 Conn. 906, 301 A.3d 1056 (2023)(followed)

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