Opinion
(AC 20302)
Submitted on briefs June 13, 2001
Officially released October 16, 2001
Amended petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of New Haven and tried to the court, Blue, J.; judgment denying the petition; thereafter, the court denied the petition for certification to appeal, and the petitioner appealed to this court. Appeal dismissed.
Patrice A. Cohan, special public defender, for the appellant (petitioner).
Ronald G. Weller, assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and David M. Kutzner, assistant state's attorney, for the appellee (respondent).
Opinion
The petitioner, Eugene A. Coleman, appeals from the judgment of the habeas court denying his petition for a writ of habeas corpus. On appeal, the petitioner claims that the court improperly (1) denied certification to appeal from the denial of his petition for a writ of habeas corpus and (2) abused its discretion in denying the petition.
After a thorough review of the record and briefs, 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 from the denial of his habeas corpus petition 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, 189, 640 A.2d 601 (1994); Pollitt v. Commissioner of Correction, 60 Conn. App. 743, 746, 760 A.2d 1278 (2000), cert. denied, 255 Conn. 930, 767 A.2d 101 (2001); see also Lozada v. Deeds, 498 U.S. 430, 431-32, 111 S.Ct. 860, 112 L.Ed.2d 956 (1991).