Franko v. Commissioner of Correction
Case Details
- Judge(s)
- Alvord; Cradle; DiPentima
- Status
- Published
- Procedural Posture
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
The habeas court properly dismissed the petitioner's third habeas petition as untimely under Connecticut statute § 52-470 and did not abuse its discretion in denying certification to appeal. The petitioner failed to establish good cause for the delay.
Excerpt
The petitioner, who had been convicted of kidnapping in the second degree, appealed following the denial of his petition for certification to appeal from the judgment of the habeas court dismissing his petition for a writ of habeas corpus. The petitioner claimed, inter alia, that the court erred in concluding that he failed to establish good cause for his late filed petition pursuant to statute (§ 52-470). Held: The habeas court did not abuse its discretion in dismissing the petitioner's habeas petition as untimely pursuant to § 52-470, as the petitioner's argument essentially attacked the credibility determinations of the habeas court, and this court does not second-guess such credibility determinations on appeal. The habeas court did not abuse its discretion in denying the petitioner's petition for certification to appeal to this court, the petitioner having failed to show that the issues presented in his appeal were debatable among jurists of reason, that a court could resolve them in a different manner or that the questions raised deserved encouragement to proceed further. Argued November 19, 2024—officially released January 28, 2025
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