Kaddah v. Commissioner of Correction, 299 Conn. 129

Summary

The Supreme Court of Connecticut considered an appeal from the summary dismissal of a successive state habeas petition. The petitioner sought reinstatement of a previously withdrawn appeal to exhaust state remedies, but the court held that the petition failed to allege a constitutional impairment of the right to appeal and therefore could not support the requested relief. The court dismissed the appeal without reaching the petitioner’s due process challenges to summary dismissal under Practice Book § 23-29.

Holdings

1. To obtain reinstatement of an appeal through habeas relief, a petitioner must allege and prove a constitutional impairment of the statutory right to appeal. Allegations of ineffective assistance by trial and direct-appeal counsel, without an allegation that the withdrawal of the later appeal resulted from a constitutional impairment, do not establish a claim for reinstatement.
2. A habeas petition that fails to allege facts establishing entitlement to the requested relief may be dismissed, including under Practice Book § 23-29(2).

Questions Presented

1. Whether the Supreme Court needed to decide whether the habeas court abused its discretion in denying certification to appeal from the summary dismissal.
2. Whether the petition sufficiently alleged a constitutional impairment of the petitioner's right to appeal so as to authorize reinstatement of his withdrawn appeal.
3. Whether the habeas court properly dismissed a petition that failed to state a valid claim for habeas relief.

Disposition

dismissed