innocence claim in Connecticut

2022Second, the petitioner must also establish that, after considering all of that evidence and the infer- ences drawn therefrom as the habeas court did, no reasonable fact finder would find the petitioner guilty of the crime. . . . ‘‘Our Supreme Court recently clarified the actual innocence standard in Gould [v. Commissioner of Cor- rection, 301 Conn. 544 , 560–61, 22 A.3d 1196 (2011)].

2012Our Supreme Court recently clarified the actual innocence standard in Gould v. Commissioner of Correction, 301 Conn. 544 , 22 A.3d 1196 (2011).

2016Such an actual innocence claim is thus 'a gateway through which a habeas petitioner must pass to have his otherwise barred constitutional claim considered on the merits.' Herrera v. Collins , 506 U.S. 390 , 404, 113 S.Ct. 853 , 122 L.Ed.2d 203 (1993)." Rivera v. Commissioner of Correction , supra, 70 Conn.App. at 461 , 800 A.2d 1194 ; see also Rivas v. Fischer , 687 F.3d 514 , 541 (2d Cir. 2012) ("A claim of actual innocence under Schlup is therefore procedural, not substantive....

2016Such an actual innocence claim is thus 'a gateway through which a habeas petitioner must pass to have his otherwise barred constitutional claim considered on the merits.' Herrera v. Collins , 506 U.S. 390 , 404, 113 S.Ct. 853 , 122 L.Ed.2d 203 (1993)." Rivera v. Commissioner of Correction , supra, 70 Conn.App. at 461 , 800 A.2d 1194 ; see also Rivas v. Fischer , 687 F.3d 514 , 541 (2d Cir. 2012) ("A claim of actual innocence under Schlup is therefore procedural, not substantive....

2016In determining whether a factual basis exists, the court may consider the facts recited by the state's attorney as well as any other facts properly submitted to the court which supports a conviction." (Citation omitted; internal quotation marks omitted.) State v. Turner , 91 Conn.App. 17 , 21, 879 A.2d 471 , cert. denied, 276 Conn. 910 , 886 A.2d 424 (2005). 9 It was recognized, however, that "[a] court may nevertheless, in its discretion, require a factual basis before accepting a nolo contendere or Alford plea." Baillargeon v. Commissioner of Correction , supra, 67 Conn.App. at 730 n.10, 789

2016In determining whether a factual basis exists, the court may consider the facts recited by the state's attorney as well as any other facts properly submitted to the court which supports a conviction." (Citation omitted; internal quotation marks omitted.) State v. Turner , 91 Conn.App. 17 , 21, 879 A.2d 471 , cert. denied, 276 Conn. 910 , 886 A.2d 424 (2005). 9 It was recognized, however, that "[a] court may nevertheless, in its discretion, require a factual basis before accepting a nolo contendere or Alford plea." Baillargeon v. Commissioner of Correction , supra, 67 Conn.App. at 730 n.10, 789

2026Relying on State v. Colon (257 Conn. 587), in which this court held that separately tried coconspirators are not entitled to consistent verdicts, the habeas court rejected the petitioner’s actual innocence claim, reasoning that M’s acquittal was, as a matter of law, irrelevant to whether the petitioner was actually innocent.

2026Relying on State v. Colon ( 257 Conn. 587 ), in which this court held that separately tried coconspirators are not entitled to consistent verdicts, the habeas court rejected the petitioner’s actual innocence claim, reasoning that M’s acquittal was, as a matter of law, irrelevant to whether the petitioner was actually innocent.

2026This court agreed with the Appellate Court that this court’s holding in Colon permitting inconsistent verdicts between separately tried alleged coconspirators is not applicable in the context of a habeas petition asserting Page 4 CONNECTICUT LAW JOURNAL February 17, 2026 182 FEBRUARY, 2026 354 Conn. 181 Moon v. Commissioner of Correction an actual innocence claim, and that applying Colon to an actual innocence claim deprives a petitioner of the opportunity to prove his claim of innocence.

2026The habeas court rejected the petitioner’s actual innocence claim, reasoning that the verdict in Mathis’ case was, as a matter of law, irrelevant with respect to Page 6 CONNECTICUT LAW JOURNAL February 17, 2026 184 FEBRUARY, 2026 354 Conn. 181 Moon v. Commissioner of Correction whether the petitioner was actually innocent.

2023The petitioner and the respondent filed posttrial briefs.’’ The court denied the petitioner’s actual innocence claim on the grounds that ‘‘the petitioner [had] failed to present any newly discovered evidence that was not available at the time of the criminal proceedings,’’ and that ‘‘[t]here [was] no evidence affirmatively establish- ing that the petitioner did not commit the charged offense and is actually innocent.’’ As to the petitioner’s ineffective assistance of counsel claim, the court, quot- ing State v. Oliphant, 47 Conn. App. 271, 281 , 702 A.2d 1206 (1997), cert. denied, 244 Conn. 90

2023The petitioner and the respondent filed posttrial briefs.’’ The court denied the petitioner’s actual innocence claim on the grounds that ‘‘the petitioner [had] failed to present any newly discovered evidence that was not available at the time of the criminal proceedings,’’ and that ‘‘[t]here [was] no evidence affirmatively establish- ing that the petitioner did not commit the charged offense and is actually innocent.’’ As to the petitioner’s ineffective assistance of counsel claim, the court, quot- ing State v. Oliphant, 47 Conn. App. 271, 281 , 702 A.2d 1206 (1997), cert. denied, 244 Conn. 90

2023The petitioner and the respondent filed posttrial briefs.’’ The court denied the petitioner’s actual innocence claim on the grounds that ‘‘the petitioner [had] failed to present any newly discovered evidence that was not available at the time of the criminal proceedings,’’ and that ‘‘[t]here [was] no evidence affirmatively establish- ing that the petitioner did not commit the charged offense and is actually innocent.’’ As to the petitioner’s ineffective assistance of counsel claim, the court, quot- ing State v. Oliphant, 47 Conn. App. 271, 281 , 702 A.2d 1206 (1997), cert. denied, 244 Conn. 90

2023The petitioner and the respondent filed posttrial briefs.’’ The court denied the petitioner’s actual innocence claim on the grounds that ‘‘the petitioner [had] failed to present any newly discovered evidence that was not available at the time of the criminal proceedings,’’ and that ‘‘[t]here [was] no evidence affirmatively establish- ing that the petitioner did not commit the charged offense and is actually innocent.’’ As to the petitioner’s ineffective assistance of counsel claim, the court, quot- ing State v. Oliphant, 47 Conn. App. 271, 281 , 702 A.2d 1206 (1997), cert. denied, 244 Conn. 90

2023This evidentiary burden is satisfied if a petitioner can demonstrate, by a preponderance of the evidence, that the proffered evidence could not have been discovered prior to the petitioner’s criminal trial by the exercise of due diligence.’’ (Internal quotation marks omitted.) Ampero v. Commissioner of Correc- tion, 171 Conn. App. 670, 687 , 157 A.3d 1192 , cert. denied, 327 Conn. 953 , 171 A.3d 453 (2017).

2023This evidentiary burden is satisfied if a petitioner can demonstrate, by a preponderance of the evidence, that the proffered evidence could not have been discovered prior to the petitioner’s criminal trial by the exercise of due diligence.’’ (Internal quotation marks omitted.) Ampero v. Commissioner of Correc- tion, 171 Conn. App. 670, 687 , 157 A.3d 1192 , cert. denied, 327 Conn. 953 , 171 A.3d 453 (2017).

2023Henderson v. Commis- sioner of Correction, 181 Conn. App. 778, 792 , 189 A.3d 135 , cert. denied, 329 Conn. 911 , 186 A.3d 707 (2018); see Peeler v. Commissioner of Correction, 161 Conn. App. 434 , 460, 127 A.3d 1096 (2015) (‘‘[i]n determining whether the court improperly denied the petition for certification with regard to the actual innocence claim . . . it is appropriate that we limit our consideration to that narrow issue, as it is the only aspect of the claim [on] which the habeas court was asked to exercise its discretion’’).

2023Henderson v. Commis- sioner of Correction, 181 Conn. App. 778, 792 , 189 A.3d 135 , cert. denied, 329 Conn. 911 , 186 A.3d 707 (2018); see Peeler v. Commissioner of Correction, 161 Conn. App. 434 , 460, 127 A.3d 1096 (2015) (‘‘[i]n determining whether the court improperly denied the petition for certification with regard to the actual innocence claim . . . it is appropriate that we limit our consideration to that narrow issue, as it is the only aspect of the claim [on] which the habeas court was asked to exercise its discretion’’).

2023This evidentiary burden is satisfied if a petitioner can demonstrate, by a preponderance of the evidence, that the proffered evidence could not have been discovered prior to the petitioner’s criminal trial by the exercise of due diligence.’’ (Internal quotation marks omitted.) Ampero v. Commissioner of Correc- tion, 171 Conn. App. 670, 687 , 157 A.3d 1192 , cert. denied, 327 Conn. 953 , 171 A.3d 453 (2017).

2023This evidentiary burden is satisfied if a petitioner can demonstrate, by a preponderance of the evidence, that the proffered evidence could not have been discovered prior to the petitioner’s criminal trial by the exercise of due diligence.’’ (Internal quotation marks omitted.) Ampero v. Commissioner of Correc- tion, 171 Conn. App. 670, 687 , 157 A.3d 1192 , cert. denied, 327 Conn. 953 , 171 A.3d 453 (2017).

2023Henderson v. Commis- sioner of Correction, 181 Conn. App. 778, 792 , 189 A.3d 135 , cert. denied, 329 Conn. 911 , 186 A.3d 707 (2018); see Peeler v. Commissioner of Correction, 161 Conn. App. 434 , 460, 127 A.3d 1096 (2015) (‘‘[i]n determining whether the court improperly denied the petition for certification with regard to the actual innocence claim . . . it is appropriate that we limit our consideration to that narrow issue, as it is the only aspect of the claim [on] which the habeas court was asked to exercise its discretion’’).

2023Henderson v. Commis- sioner of Correction, 181 Conn. App. 778, 792 , 189 A.3d 135 , cert. denied, 329 Conn. 911 , 186 A.3d 707 (2018); see Peeler v. Commissioner of Correction, 161 Conn. App. 434 , 460, 127 A.3d 1096 (2015) (‘‘[i]n determining whether the court improperly denied the petition for certification with regard to the actual innocence claim . . . it is appropriate that we limit our consideration to that narrow issue, as it is the only aspect of the claim [on] which the habeas court was asked to exercise its discretion’’).

2021Second, the petitioner argues that any potential claim of actual innocence ‘‘should have been sufficient to delay or overcome the good cause stage.’’ According to the petitioner, because of the representation of his counsel that it was possible that she would pursue an actual innocence claim in an amended petition in the future, the court was obligated to delay the timing of the hearing and to afford counsel ‘‘sufficient time to determine whether they have a good faith basis to pres- ent such a weapon to survive possible dismissal.’’9 This argument presents an issue of statutory interpre- tati

2021Second, the petitioner argues that any potential claim of actual innocence ‘‘should have been sufficient to delay or overcome the good cause stage.’’ According to the petitioner, because of the representation of his counsel that it was possible that she would pursue an actual innocence claim in an amended petition in the future, the court was obligated to delay the timing of the hearing and to afford counsel ‘‘sufficient time to determine whether they have a good faith basis to pres- ent such a weapon to survive possible dismissal.’’9 This argument presents an issue of statutory interpre- tati

2019See Michael T. v. Commissioner of Correction , 319 Conn. 623 , 635 n.7, 126 A.3d 558 (2015) ("[w]e may ... review legal arguments that differ from those raised before the trial court if they are subsumed within or intertwined with arguments related to the legal claim raised at trial" [internal quotation marks omitted] ); see also State v. Fernando A. , 294 Conn. 1 , 31 n.26, 981 A.2d 427 (2009) ("[although we are mindful that] the plaintiff did not [previously] raise ... all of the theories that he raises in his writ ... those theories are related to a single legal claim, and ... there is subs

2019See Michael T. v. Commissioner of Correction , 319 Conn. 623 , 635 n.7, 126 A.3d 558 (2015) ("[w]e may ... review legal arguments that differ from those raised before the trial court if they are subsumed within or intertwined with arguments related to the legal claim raised at trial" [internal quotation marks omitted] ); see also State v. Fernando A. , 294 Conn. 1 , 31 n.26, 981 A.2d 427 (2009) ("[although we are mindful that] the plaintiff did not [previously] raise ... all of the theories that he raises in his writ ... those theories are related to a single legal claim, and ... there is subs

2019See, e.g., State v. Delgado, 323 Conn. 801 , 805 n.4, 151 A.3d 345 (2016); State v. Gonzalez, 278 Conn. 341 , 347 n.9, 898 A.2d 149 (2006). 14 Because we resolve the petitioner’s actual innocence claim on the merits; see part I of this opinion; we need not address his predicate claim that Cannatelli acted deficiently in failing to withdraw that claim during the first habeas trial.

2019See, e.g., State v. Delgado, 323 Conn. 801 , 805 n.4, 151 A.3d 345 (2016); State v. Gonzalez, 278 Conn. 341 , 347 n.9, 898 A.2d 149 (2006). 14 Because we resolve the petitioner’s actual innocence claim on the merits; see part I of this opinion; we need not address his predicate claim that Cannatelli acted deficiently in failing to withdraw that claim during the first habeas trial.

2017Clarke v. Commissioner of Correction , 43 Conn.App. 374 , 379, 682 A.2d 618 (1996), appeal dismissed, 249 Conn. 350 , 732 A.2d 754 (1999). [A] writ of habeas corpus cannot issue unless the petitioner first demonstrates that the evidence put forth in support of his claim of actual innocence is newly discovered.

2017Clarke v. Commissioner of Correction , 43 Conn.App. 374 , 379, 682 A.2d 618 (1996), appeal dismissed, 249 Conn. 350 , 732 A.2d 754 (1999). [A] writ of habeas corpus cannot issue unless the petitioner first demonstrates that the evidence put forth in support of his claim of actual innocence is newly discovered.

2017Clarke v. Commissioner of Correction , 43 Conn.App. 374 , 379, 682 A.2d 618 (1996), appeal dismissed, 249 Conn. 350 , 732 A.2d 754 (1999). [A] writ of habeas corpus cannot issue unless the petitioner first demonstrates that the evidence put forth in support of his claim of actual innocence is newly discovered.

2017Clarke v. Commissioner of Correction , 43 Conn.App. 374 , 379, 682 A.2d 618 (1996), appeal dismissed, 249 Conn. 350 , 732 A.2d 754 (1999). [A] writ of habeas corpus cannot issue unless the petitioner first demonstrates that the evidence put forth in support of his claim of actual innocence is newly discovered.

2017Specifically, in the habeas context, in the interest of ensuring that no one is deprived of liberty in violation of his or her constitutional rights ... the application of the doctrine of res judicata ... [is limited] to claims that actually have been raised and litigated in an earlier proceeding.... "[W]here successive petitions are premised on the same legal grounds and seek the same relief, the second petition will not survive a motion to dismiss unless the petition is supported by allegations and facts not reasonably available to the petitioner at the time of the original petition." (Citat

2017Specifically, in the habeas context, in the interest of ensuring that no one is deprived of liberty in violation of his or her constitutional rights ... the application of the doctrine of res judicata ... [is limited] to claims that actually have been raised and litigated in an earlier proceeding.... "[W]here successive petitions are premised on the same legal grounds and seek the same relief, the second petition will not survive a motion to dismiss unless the petition is supported by allegations and facts not reasonably available to the petitioner at the time of the original petition." (Citat

2017Toccaline v. Warden , Superior Court, judicial district of Tolland, Docket No. CV-05-4000344-S, 2008 WL 2796997 , *1 n.2 (June 25, 2008) ( Toccaline IV ), aff'd, 119 Conn.App. 510 , 987 A.2d 1097 ( Toccaline V ), cert. denied, 295 Conn. 921 , 991 A.2d 566 (2010).

2017Toccaline v. Warden , Superior Court, judicial district of Tolland, Docket No. CV-05-4000344-S, 2008 WL 2796997 , *1 n.2 (June 25, 2008) ( Toccaline IV ), aff'd, 119 Conn.App. 510 , 987 A.2d 1097 ( Toccaline V ), cert. denied, 295 Conn. 921 , 991 A.2d 566 (2010).

2017Toccaline v. Warden , Superior Court, judicial district of Tolland, Docket No. CV-05-4000344-S, 2008 WL 2796997 , *1 n.2 (June 25, 2008) ( Toccaline IV ), aff'd, 119 Conn.App. 510 , 987 A.2d 1097 ( Toccaline V ), cert. denied, 295 Conn. 921 , 991 A.2d 566 (2010).

2017Toccaline v. Warden , Superior Court, judicial district of Tolland, Docket No. CV-05-4000344-S, 2008 WL 2796997 , *1 n.2 (June 25, 2008) ( Toccaline IV ), aff'd, 119 Conn.App. 510 , 987 A.2d 1097 ( Toccaline V ), cert. denied, 295 Conn. 921 , 991 A.2d 566 (2010).