Watley v. Commissioner of Correction

1 Citing case

  1. Jackson v. Commissioner of Correction

    227 Conn. 124 (Conn. 1993)   Cited 119 times
    Holding that in order for habeas petitioner to be entitled to review of claim not raised on direct appeal, he must show that some objective factor external to defense caused procedural default and that default was prejudicial, thereby abandoning former rule that procedurally defaulted claims were reviewable in habeas proceedings so long as petitioner had not deliberately bypassed his right to review of these claims

    In addition, the difficulties of establishing "a record in the trial court showing that the defendant had personally made a knowledgeable waiver of his constitutional procedural rights on each of the myriad occasions that arise during a criminal trial"; Johnson v. Commissioner of Correction, supra, 417; are not involved on appeal. In Watley v. Commissioner of Correction, 227 Conn. 147, 628 A.2d 1314 (1993), I joined the majority in remanding the case to the habeas court to be reviewed under the "cause and prejudice" standard because of this court's decision in Johnson v. Commissioner of Correction, 218 Conn. 403, 589 A.2d 1214 (1991), and the probability that the standard could be met. In Watley, the habeas court denied the petitioner's claim on the assumption that it was not to take additional evidence as a result of a prior remand.