Opinion
(13499)
Argued March 16, 1995
Decision released May 30, 1995
Amended petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of Tolland and tried to the court, Sferrazza, J.; judgment dismissing the petition; thereafter, the court denied the petition for certification to appeal, and the petitioner appealed to this court. Appeal dismissed.
Paula Mangini Montonye, assistant public defender, for the appellant (petitioner).
John A. East III, deputy assistant state's attorney, with whom, on the brief, were James E. Thomas, state's attorney, and John Dropick, assistant state's attorney, for the appellee (respondent).
After a review of the record and briefs, and after hearing the parties at oral argument, we conclude that the petitioner has failed to make a substantial showing that he has been denied a state or federal constitutional right and, further, has failed to sustain his burden of persuasion that the denial of certification to appeal was a clear abuse of discretion or that an injustice has been done. See Simms v. Warden, 230 Conn. 608, 612, 646 A.2d 126 (1994); Simms v. Warden, 229 Conn. 178, 179, 640 A.2d 601 (1994); Bush v. Commissioner of Correction, 37 Conn. App. 930, 931, 657 A.2d 724 (1995); see also Lozada v. Deeds, 498 U.S. 430, 431-32, 111 S.Ct. 860, 112 L.Ed.2d 956 (1991).
The habeas court's dismissal of the petitioner's writ was predicated on a factual review of the petitioner's claims and a determination that the petitioner had failed to satisfy the prejudice requirement of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), to establish a reasonable probability that, absent counsel's professional errors, the outcome of his criminal trial would have been different. See Commissioner of Correction v. Rodriquez, 222 Conn. 469, 477, 610 A.2d 631 (1992); Bunkley v. Commissioner of Correction, 222 Conn. 444, 454-55, 610 A.2d 598 (1992). Thus, the habeas court found that there did not exist sufficient evidence to undermine confidence in the verdict of the jury. Commissioner of Correction v. Rodriquez, supra, 477.
We conclude that the habeas court had before it sufficient evidence to find as it did and that it did not abuse its discretion in denying the petitioner's petition for certification to appeal.