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16 Connecticut opinions name it 3 courts 1969–2017 0 in the last five years
The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Michigan v. Dorangreen2 sentences2002After emphasizing that the commissioner did not deny Johnson presentence credit for any improper reason but, rather, because “the requested credit [could not] be given [under] . . . the plain statutory command of § 18-98”; Johnson v. Manson, supra, 325 ; we rejected Johnson’s due process claim in light of “the narrowness of the permissible inquiry in the habeas corpus hearing in Florida; see Michigan v. Doran, 439 U.S. 282, 289 , 99 S. Ct. 530 , 58 L. 2002After emphasizing that the commissioner did not deny Johnson presentence credit for any improper reason but, rather, because “the requested credit [could not] be given [under] . . . the plain statutory command of § 18-98”; Johnson v. Manson, supra, 325 ; we rejected Johnson’s due process claim in light of “the narrowness of the permissible inquiry in the habeas corpus hearing in Florida; see Michigan v. Doran, 439 U.S. 282, 289 , 99 S. Ct. 530 , 58 L. | 2 | 2 |
Lozada v. Warden, State Prisongreen2 sentences2017Specifically, the habeas court questioned whether this court's decision in Lozada v. Warden , supra, 223 Conn. at 834 , 613 A.2d 818 , "which recognized the viability of a habeas corpus claim of ineffective assistance of first habeas counsel, [should] be extended ad infinitum." (Emphasis omitted.) The petitioner and the commissioner subsequently filed posttrial briefs in which they agreed that the petitioner's claim in his third **554 habeas petition was cognizable under Lozada . 8 Despite the parties' agreement on this point, the habeas court nevertheless concluded that the petitioner had fai 2017Specifically, the habeas court questioned whether this court's decision in Lozada v. Warden , supra, 223 Conn. at 834 , 613 A.2d 818 , "which recognized the viability of a habeas corpus claim of ineffective assistance of first habeas counsel, [should] be extended ad infinitum." (Emphasis omitted.) The petitioner and the commissioner subsequently filed posttrial briefs in which they agreed that the petitioner's claim in his third **554 habeas petition was cognizable under Lozada . 8 Despite the parties' agreement on this point, the habeas court nevertheless concluded that the petitioner had fai | 1 | 1 |
Sinchak v. Commissioner of Correctiongreen2 sentences2017See footnote 4 of this opinion. *1237 In its memorandum of decision, the habeas court began its analysis with this court's decision in Lozada v. Warden , supra, 223 Conn. at 834 , 613 A.2d 818 , which authorized habeas on habeas petitions, and the Appellate Court's decision in Sinchak v. Commissioner of Correction , 126 Conn.App. 684 , 692, 14 A.3d 343 (2011), which held that § 51-296 (a) requires the appointment of counsel for such petitions. 2017See footnote 4 of this opinion. *1237 In its memorandum of decision, the habeas court began its analysis with this court's decision in Lozada v. Warden , supra, 223 Conn. at 834 , 613 A.2d 818 , which authorized habeas on habeas petitions, and the Appellate Court's decision in Sinchak v. Commissioner of Correction , 126 Conn.App. 684 , 692, 14 A.3d 343 (2011), which held that § 51-296 (a) requires the appointment of counsel for such petitions. | 1 | 1 |
State v. Vegagreen2 sentences2002See State v. Vega, 259 Conn. 374, 391 , 788 A.2d 1221 (2002) (filing of grievance insufficient to implicate violation of defendant’s sixth amendment rights); State v. Watson, 198 Conn. 598, 610 , 504 A.2d 497 (1986) (unsubstantiated allegations of ineffective assistance and conflict of interest do not per se require court to disqualify counsel); State v. Beckenbach, 198 Conn. 43, 50 , 501 A.2d 752 (1985) (unsubstantiated allegations of ineffective assistance of counsel do not per se require court to grant continuance). 2002See State v. Vega, 259 Conn. 374, 391 , 788 A.2d 1221 (2002) (filing of grievance insufficient to implicate violation of defendant’s sixth amendment rights); State v. Watson, 198 Conn. 598, 610 , 504 A.2d 497 (1986) (unsubstantiated allegations of ineffective assistance and conflict of interest do not per se require court to disqualify counsel); State v. Beckenbach, 198 Conn. 43, 50 , 501 A.2d 752 (1985) (unsubstantiated allegations of ineffective assistance of counsel do not per se require court to grant continuance). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fay v. Noia
red
2 sentences1984Fay v. Noia, [ 372 U.S. 391, 439 , 83 S. Ct. 822 , 9 L. 1984Fay v. Noia, [ 372 U.S. 391, 439 , 83 S. Ct. 822 , 9 L. | 4 | 1969–1984 |
Parks v. Bourbeau
green
2 sentences2002Ed. 2d 521 (1978); Parks v. Bourbeau, 193 Conn. 270, 275 , 477 A.2d 636 (1984); the plain command of § 18-98 that no credit can be given to one in [Johnson’s] circumstances, and the absence of any legitimate basis suggesting any interdicted vindic tiveness, punishment or the like for the choice exercised . . . .” Johnson v. Manson, supra, 327 . 2002Ed. 2d 521 (1978); Parks v. Bourbeau, 193 Conn. 270, 275 , 477 A.2d 636 (1984); the plain command of § 18-98 that no credit can be given to one in [Johnson’s] circumstances, and the absence of any legitimate basis suggesting any interdicted vindic tiveness, punishment or the like for the choice exercised . . . .” Johnson v. Manson, supra, 327 . | 2 | 1985–2002 |
Hill v. United States
green
2 sentences1994Hill v. United States, 368 U.S. 424, 428 , 82 S. Ct. 468 , 7 L. 1994Hill v. United States, 368 U.S. 424, 428 , 82 S. Ct. 468 , 7 L. | 2 | 1990–1994 |
State v. Watson
green
2 sentences2002See State v. Vega, 259 Conn. 374, 391 , 788 A.2d 1221 (2002) (filing of grievance insufficient to implicate violation of defendant’s sixth amendment rights); State v. Watson, 198 Conn. 598, 610 , 504 A.2d 497 (1986) (unsubstantiated allegations of ineffective assistance and conflict of interest do not per se require court to disqualify counsel); State v. Beckenbach, 198 Conn. 43, 50 , 501 A.2d 752 (1985) (unsubstantiated allegations of ineffective assistance of counsel do not per se require court to grant continuance). 2002See State v. Vega, 259 Conn. 374, 391 , 788 A.2d 1221 (2002) (filing of grievance insufficient to implicate violation of defendant’s sixth amendment rights); State v. Watson, 198 Conn. 598, 610 , 504 A.2d 497 (1986) (unsubstantiated allegations of ineffective assistance and conflict of interest do not per se require court to disqualify counsel); State v. Beckenbach, 198 Conn. 43, 50 , 501 A.2d 752 (1985) (unsubstantiated allegations of ineffective assistance of counsel do not per se require court to grant continuance). | 1 | 2002–2002 |
State v. Beckenbach
green
2 sentences2002See State v. Vega, 259 Conn. 374, 391 , 788 A.2d 1221 (2002) (filing of grievance insufficient to implicate violation of defendant’s sixth amendment rights); State v. Watson, 198 Conn. 598, 610 , 504 A.2d 497 (1986) (unsubstantiated allegations of ineffective assistance and conflict of interest do not per se require court to disqualify counsel); State v. Beckenbach, 198 Conn. 43, 50 , 501 A.2d 752 (1985) (unsubstantiated allegations of ineffective assistance of counsel do not per se require court to grant continuance). 2002See State v. Vega, 259 Conn. 374, 391 , 788 A.2d 1221 (2002) (filing of grievance insufficient to implicate violation of defendant’s sixth amendment rights); State v. Watson, 198 Conn. 598, 610 , 504 A.2d 497 (1986) (unsubstantiated allegations of ineffective assistance and conflict of interest do not per se require court to disqualify counsel); State v. Beckenbach, 198 Conn. 43, 50 , 501 A.2d 752 (1985) (unsubstantiated allegations of ineffective assistance of counsel do not per se require court to grant continuance). | 1 | 2002–2002 |
State v. Collins
green
1 sentence1992State v. Collins, 207 Conn. 590 (1988). | 1 | 1992–1992 |
D'Amico v. Manson
green
2 sentences1991The burden of alleging and proving such facts is rightfully on the petitioner. . . .The determination whether a prisoner has deliberately bypassed the orderly procedure of an appeal must be made from the facts in each case. (emphasis provided.) The deliberate bypass standard was lowered as shown in D'Amico v. Manson, 193 Conn. 144 , 146-148 , 476 A.2d 543 (1984) where the court states in part as follows: `(T)he petitioner must allege and prove in the trial court that there has not been a deliberate bypass of the orderly procedure of a direct appeal of this court'. . . 1991The burden of alleging and proving such facts is rightfully on the petitioner. . . .The determination whether a prisoner has deliberately bypassed the orderly procedure of an appeal must be made from the facts in each case. (emphasis provided.) The deliberate bypass standard was lowered as shown in D'Amico v. Manson, 193 Conn. 144 , 146-148 , 476 A.2d 543 (1984) where the court states in part as follows: `(T)he petitioner must allege and prove in the trial court that there has not been a deliberate bypass of the orderly procedure of a direct appeal of this court'. . . | 1 | 1991–1991 |
Payne v. Robinson
green
1 sentence1991Perhaps the case at bar raises the issues alluded to but unresolved by the Connecticut Supreme Court in Payne v. Robinson, 207 Conn. 565 , 569 (n. 1, 1988). | 1 | 1991–1991 |
Sherbo v. Manson
green
1 sentence1991"In order to prevail in a habeas corpus challenge, `the petitioner "must demonstrate a miscarriage of justice or other prejudice and not merely an error which might entitle him to relief on appeal." (citations omitted)."' Sherbo v. Manson, 21 Conn. App. 172 , 180 (1990). | 1 | 1991–1991 |
Pennsylvania v. Finley
green
2 sentences1991Pennsylvania v. Finley, 481 U.S. 551 , 107 S. Ct. 1990 , 95 L. 1991Pennsylvania v. Finley, 481 U.S. 551 , 107 S. Ct. 1990 , 95 L. | 1 | 1991–1991 |
Smith v. Murray
green
2 sentences1988Such a strategic concern was given great weight by the United States Supreme Court in Jones v. Barnes, supra, 751-52 , where it said: “Experienced advocates since time beyond memory have emphasized the importance of winnowing out weaker arguments on appeal and focusing on one central issue if possible, or at most on a few key issues.” See also Smith v. Murray, 477 U.S. 527, 536 , 106 S. Ct. 2661 , 91 L. 1988Such a strategic concern was given great weight by the United States Supreme Court in Jones v. Barnes, supra, 751-52 , where it said: “Experienced advocates since time beyond memory have emphasized the importance of winnowing out weaker arguments on appeal and focusing on one central issue if possible, or at most on a few key issues.” See also Smith v. Murray, 477 U.S. 527, 536 , 106 S. Ct. 2661 , 91 L. | 1 | 1988–1988 |
Vena v. Warden
green
2 sentences1970Fay v. Noia, 372 U.S. 391, 439 , 83 S. Ct. 822 , 9 L, Ed. 2d 837; Walters v. Warden, 155 Conn. 316, 319 , 232 A.2d 112 ; Vena v. Warden, 154 Conn. 363, 366 , 225 A.2d 802 . 1970Fay v. Noia, 372 U.S. 391, 439 , 83 S. Ct. 822 , 9 L, Ed. 2d 837; Walters v. Warden, 155 Conn. 316, 319 , 232 A.2d 112 ; Vena v. Warden, 154 Conn. 363, 366 , 225 A.2d 802 . | 1 | 1970–1970 |
McMann v. Richardson
green
2 sentences1970McMann v. Richardson, 397 U.S. 759, 771 , 90 S. Ct. 1441 , 25 L. 1970McMann v. Richardson, 397 U.S. 759, 771 , 90 S. Ct. 1441 , 25 L. | 1 | 1970–1970 |
Walters v. Warden
green
2 sentences1970Fay v. Noia, 372 U.S. 391, 439 , 83 S. Ct. 822 , 9 L, Ed. 2d 837; Walters v. Warden, 155 Conn. 316, 319 , 232 A.2d 112 ; Vena v. Warden, 154 Conn. 363, 366 , 225 A.2d 802 . 1970Fay v. Noia, 372 U.S. 391, 439 , 83 S. Ct. 822 , 9 L, Ed. 2d 837; Walters v. Warden, 155 Conn. 316, 319 , 232 A.2d 112 ; Vena v. Warden, 154 Conn. 363, 366 , 225 A.2d 802 . | 1 | 1970–1970 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.