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eBook details

• Title: Simms v. Warden
• Author : Supreme Court of Connecticut
• Release Date : January 18, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The dispositive issue in this case is whether the governing statutes give this court subject matter jurisdiction over a writ of error brought to review the denial of a petition for a write of habeas corpus after the habeas court has denied certification to appeal. 1 The plaintiff in error, Floyd Simms (plaintiff), filed an amended petition for a writ of habeas corpus to challenge the legality of his detention by the defendant in error, the warden of the Connecticut correctional institution at Somers (state). In his petition for a writ of habeas corpus, the plaintiff maintained that his 1983 conviction of accessory to assault of a person sixty years of age or older in the first degree pursuant to General Statutes 53a-59 (a)(3) and 53a-8 and robbery in the second degree pursuant to General Statutes 53a-135 (a)(1) should be set aside or that he should be resentenced .2 His three count petition alleged ineffective assistance of trial counsel, ineffective assistance of appellate counsel and impairment of his rights to due process under the federal and state constitutions. 3 The habeas court dismissed the count of the petition claiming a constitutional deprivation of due process4 and, after an evidentiary [229 Conn. 180] hearing. 5 denied the counts of the petition claiming ineffective assistance of counsel. The habeas court thereafter denied the plaintiff's petition for certification to appeal. Without attempting to appeal from this denial, the plaintiff filed this writ of error. We conclude that the writer of error must be dismissed.

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