Coleman v. Commissioner of Correction

34 Citing cases

  1. Antonio A. v. Comm'r of Corr.

    205 Conn. App. 46 (Conn. App. Ct. 2021)   Cited 15 times

    As this court has stated, "a petition that fails to state a claim would be subject to dismissal under [Practice Book Β§ 23-24 (a) (1) ] for lack of jurisdiction." Coleman v. Commissioner of Correction , 111 Conn. App. 138, 140 n.1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). Nonetheless, in light of our conclusion that the third petition is ambiguous in terms of the allegation of innocence, we conclude that the proper remedy is for the writ to issue and for any pleading deficiencies to be addressed following the issuance of the writ.

  2. Sanchez v. Comm'r of Corr.

    203 Conn. App. 752 (Conn. App. Ct. 2021)   Cited 7 times

    (Internal quotation marks omitted.) Coleman v. Commissioner of Correction , 111 Conn. App. 138, 140 n.1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). "Dismissal of a claim on alternative grounds is proper when those grounds present pure questions of law, the record is adequate for review, and the petitioner will suffer no prejudice because he has the opportunity to respond to proposed alternative grounds in the reply brief."

  3. State v. Sayles

    202 Conn. App. 736 (Conn. App. Ct. 2021)   Cited 4 times

    It is axiomatic that we may affirm the proper result of the trial court on a different basis. See, e.g., State v. Marro , 68 Conn. App. 849, 859, 795 A.2d 555 (2002) ; see also Diaz v. Commissioner of Correction , 125 Conn. App. 57, 63 n.6, 6 A.3d 213 (2010), cert. denied, 299 Conn. 926, 11 A.3d 150 (2011) ; Coleman v. Commissioner of Correction , 111 Conn. App. 138, 140 n.1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009).Furthermore, as a result of our conclusion regarding the appropriate remedy for a Miranda violation as it relates to physical evidence, we reject the defendant's reliance on our Supreme Court's decision in State v. Purcell , supra, 331 Conn. 318, 203 A.3d 542.

  4. Boria v. Comm'r of Corr.

    186 Conn. App. 332 (Conn. App. Ct. 2018)   Cited 16 times
    Concluding that hearing is not required before habeas petition is dismissed under Β§ 23-29

    (Internal quotation marks omitted.) Coleman v. Commissioner of Correction , 111 Conn. App. 138, 140 n.1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009).The following undisputed facts and procedural history are relevant to our resolution of this appeal. The petitioner currently is serving a sentence of twenty years of incarceration after pleading guilty on October 6, 2009, to the charges of robbery in the first degree in violation of General Statutes Β§ 53a-134 (a) (4) and to being a persistent dangerous felony offender in violation of General Statutes Β§ 53a-40.

  5. Johnson v. Comm'r of Corr.

    168 Conn. App. 294 (Conn. App. Ct. 2016)   Cited 22 times
    In Johnson, the petitioner alleged that his third habeas counsel was ineffective because she did not raise the issue of whether trial counsel was ineffective for failing to file a motion for a competency evaluation.

    (Internal quotation marks omitted.) Coleman v. Commissioner of Correction, 111 Conn.App. 138, 140 n. 1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). The petitioner makes the novel, but unpersuasive, argument that we cannot address alternative grounds for affirmance because the respondent failed to raise those grounds β€œat trial in violation of Practice Book Β§ 60–5,” which states, in relevant part, that β€œ[t]he court shall not be bound to consider a claim unless it was distinctly raised at the trial or arose subsequent to the trial.”

  6. Rodriguez v. Comm'r of Corr.

    122 A.3d 709 (Conn. App. Ct. 2015)   Cited 2 times

    β€œIn order to state a claim for a denial of procedural due process ... a prisoner must allege that he possessed a protected liberty interest, and was not afforded the requisite process before being deprived of that liberty interest.... A petitioner has no right to due process [at his disciplinary hearing] unless a liberty interest has been deprived.... To constitute a deprivation of liberty, a restraint must have imposed an atypical and significant hardship ... in relation to the ordinary incidents of prison life .... Additionally, the petitioner must establish that the state has granted its inmates, by regulation or by statute, a protected liberty interest in remaining free from that confinement or restraint.” (Citations omitted; internal quotation marks omitted.) Coleman v. Commissioner of Correction, 111 Conn.App. 138, 141–42, 958 A.2d 790, 793 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). β€œThe petitioner's classification as a security risk group member does not implicate a liberty interest.

  7. Angeles v. Comm'r of Corr.

    159 Conn. App. 226 (Conn. App. Ct. 2015)   Cited 12 times
    In Anthony A. v. Commissioner of Correction, 159 Conn.App. 226, 122 A.3d 730 (2015), the Appellate Court reversed the judgment of the habeas court and remanded the case for further proceedings.

    Id., at 42–43, 19 A.3d 204. In the present case, the habeas court in its oral ruling, citing Fuller v. Commissioner of Correction, 144 Conn.App. 375, 71 A.3d 689, cert. denied, 310 Conn. 946, 80 A.3d 907 (2013), and Coleman v. Commissioner of Correction, 111 Conn.App. 138, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009), concluded that the petitioner had failed to allege the deprivation of a protected liberty interest. The habeas court determined that it lacked jurisdiction over the petitioner's claim of β€œmisclassification” because prison classification, parole eligibility and eligibility for rehabilitative programs were not cognizable liberty interests sufficient to invoke habeas corpus jurisdiction under our case law.The dispositive substantive issue in this appeal is whether the petitioner has alleged a cognizable liberty interest that affords jurisdiction to the habeas court over his claim.

  8. Townsend v. Sterling

    157 Conn. App. 708 (Conn. App. Ct. 2015)   Cited 5 times

    Cruz v. Gomez, 202 F.3d 593, 597 (2d Cir.2000). β€œA [prisoner] has no right to due process [at his disciplinary hearing] unless a liberty interest has been deprived....” (Citation omitted; internal quotation marks omitted.) Coleman v. Commissioner of Correction, 111 Conn.App. 138, 141, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). β€œTo constitute a deprivation of liberty, a restraint must have imposed an atypical and significant hardship ... in relation to the ordinary incidents of prison life.... Additionally, the [prisoner] must establish that the state has granted its inmates, by regulation or by statute, a protected liberty interest in remaining free from that confinement or restraint.” (Citation omitted; internal quotation marks omitted.)

  9. Taylor v. Lantz

    129 Conn. App. 437 (Conn. App. Ct. 2011)   Cited 9 times

    (Citation omitted; internal quotation marks omitted.) Coleman v. Commissioner of Correction, 111 Conn. App. 138,141-42, 958 A.2d 790 (2008), cert, denied, 290 Conn. 905, 962 A.2d 793 (2009). In the present case, at the time the plaintiff was classified to special needs management status, he already was on another form of restrictive housing status, administrative segregation.

  10. Diaz v. Commissioner of Correction

    125 Conn. App. 57 (Conn. App. Ct. 2010)   Cited 42 times
    In Diaz v. Commissioner of Correction, 125 Conn. App. 57, 67, 6 A.3d 213 (2010), cert. denied, 299 Conn. 926, 11 A.3d 150 (2011), the Appellate Court reflected on the "interplay" between a petitioner's direct appeal and subsequent habeas action, observing that its conclusion in the direct appeal, that the trial court's improper comment had constituted harmless error, "while not dispositive, [was] persuasive."

    (Internal quotation marks omitted.) Coleman v. Commissioner of Correction, 111 Conn. App. 138, 140 n. 1, 958 A.2d 790 (2008), cert. denied, 290 Conn. 905, 962 A.2d 793 (2009). A