Lozada framework (Connecticut) · Go Syfert
← Connecticut issues

Lozada framework in Connecticut

6 Connecticut opinions name it 2 courts 1996–2013 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.

Followed or applied (3)

CaseFollowedCited
State v. Turnergreen
conn · 2004 · cited in 2 Connecticut opinions naming this issue, 2004–2005
2 sentences

2004“According to the Lozada framework: A petitioner satisfies that burden by demonstrating: [1] that the issues are debatable among jurists of reason; [2] that a court could resolve the issues [in a different manner]; or [3] that the questions are adequate to deserve encouragement to proceed further.” (Emphasis in original; internal quotation marks omitted.) Id.; see also State v. Turner, 267 Conn. 414, 430 , 838 A.2d 947 (2004).

2004“According to the Lozada framework: A petitioner satisfies that burden by demonstrating: [1] that the issues are debatable among jurists of reason; [2] that a court could resolve the issues [in a different manner]; or [3] that the questions are adequate to deserve encouragement to proceed further.” (Emphasis in original; internal quotation marks omitted.) Id.; see also State v. Turner, 267 Conn. 414, 430 , 838 A.2d 947 (2004).

12
State v. Smithgreen
conn · 2001 · cited in 1 Connecticut opinions naming this issue, 2002–2002
2 sentences

2002Probable cause issues, like those presented in this case, are questions of law; see, e.g., State v. Smith, 257 Conn. 216, 223 , 777 A.2d 182 (2001); that may satisfy either of the first two factors delineated in the Lozada inquiry we have adopted herein.

2002Probable cause issues, like those presented in this case, are questions of law; see, e.g., State v. Smith, 257 Conn. 216, 223 , 777 A.2d 182 (2001); that may satisfy either of the first two factors delineated in the Lozada inquiry we have adopted herein.

11
Serrani v. Board of Ethicsgreen
conn · 1993 · cited in 1 Connecticut opinions naming this issue, 1996–1996
2 sentences

1996Our case law dictates that the failure to file the petition within ten days of the judgment of dismissal deprived the court of subject matter jurisdiction to grant a new ten day period. “[Jurisdiction of the subject matter is a question of law and cannot be waived or conferred by consent either in the trial court or here.” (Internal quotation marks omitted.) Serrani v. Board of Ethics, 225 Conn. 305, 308, 622 A.2d 1009 (1993).

1996Our case law dictates that the failure to file the petition within ten days of the judgment of dismissal deprived the court of subject matter jurisdiction to grant a new ten day period. “[Jurisdiction of the subject matter is a question of law and cannot be waived or conferred by consent either in the trial court or here.” (Internal quotation marks omitted.) Serrani v. Board of Ethics, 225 Conn. 305, 308, 622 A.2d 1009 (1993).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Seebeck v. State green
conn · 1998
2 sentences

2005Seebeck v. State, 246 Conn. 514, 534 , 717 A.2d 1161 (1998). “[W]hen a petitioner presents an issue on appeal that satisfies any one of the Lozada criteria, that petitioner ought to have that issue considered on appeal.” State v. Turner, 267 Conn. 414, 431 , 838 A.2d 947 , cert. denied, 543 U.S. 809 , 125 S. Ct. 36 , 160 L.

2005Seebeck v. State, 246 Conn. 514, 534 , 717 A.2d 1161 (1998). “[W]hen a petitioner presents an issue on appeal that satisfies any one of the Lozada criteria, that petitioner ought to have that issue considered on appeal.” State v. Turner, 267 Conn. 414, 431 , 838 A.2d 947 , cert. denied, 543 U.S. 809 , 125 S. Ct. 36 , 160 L.

22004–2005
Daniels v. State neutral
conn · 2005
2 sentences

2013According to the Lozada framework, a petitioner can establish a clear abuse of discretion by demonstrating one of the following criteria: (1) that the issues are debatable among jurists of reason; (2) that a court could resolve the issues in a different manner; or (3) that the questions are adequate to deserve encouragement to proceed farther.” (Citations omitted.) Daniels v. State, 88 Conn. App. 572, 575-76 , 870 A.2d 1109 , cert. denied, 274 Conn. 902 , 876 A.2d 11 (2005).

2013According to the Lozada framework, a petitioner can establish a clear abuse of discretion by demonstrating one of the following criteria: (1) that the issues are debatable among jurists of reason; (2) that a court could resolve the issues in a different manner; or (3) that the questions are adequate to deserve encouragement to proceed farther.” (Citations omitted.) Daniels v. State, 88 Conn. App. 572, 575-76 , 870 A.2d 1109 , cert. denied, 274 Conn. 902 , 876 A.2d 11 (2005).

12013–2013
Daniels v. State green
connappct · 2005
2 sentences

2013According to the Lozada framework, a petitioner can establish a clear abuse of discretion by demonstrating one of the following criteria: (1) that the issues are debatable among jurists of reason; (2) that a court could resolve the issues in a different manner; or (3) that the questions are adequate to deserve encouragement to proceed farther.” (Citations omitted.) Daniels v. State, 88 Conn. App. 572, 575-76 , 870 A.2d 1109 , cert. denied, 274 Conn. 902 , 876 A.2d 11 (2005).

2013According to the Lozada framework, a petitioner can establish a clear abuse of discretion by demonstrating one of the following criteria: (1) that the issues are debatable among jurists of reason; (2) that a court could resolve the issues in a different manner; or (3) that the questions are adequate to deserve encouragement to proceed farther.” (Citations omitted.) Daniels v. State, 88 Conn. App. 572, 575-76 , 870 A.2d 1109 , cert. denied, 274 Conn. 902 , 876 A.2d 11 (2005).

12013–2013
Kalama Services, Inc. v. Director, Office of Workers' Compensation Programs, Department of Labor green
scotus · 2004
2 sentences

2005Seebeck v. State, 246 Conn. 514, 534 , 717 A.2d 1161 (1998). “[W]hen a petitioner presents an issue on appeal that satisfies any one of the Lozada criteria, that petitioner ought to have that issue considered on appeal.” State v. Turner, 267 Conn. 414, 431 , 838 A.2d 947 , cert. denied, 543 U.S. 809 , 125 S. Ct. 36 , 160 L.

2005Seebeck v. State, 246 Conn. 514, 534 , 717 A.2d 1161 (1998). “[W]hen a petitioner presents an issue on appeal that satisfies any one of the Lozada criteria, that petitioner ought to have that issue considered on appeal.” State v. Turner, 267 Conn. 414, 431 , 838 A.2d 947 , cert. denied, 543 U.S. 809 , 125 S. Ct. 36 , 160 L.

12005–2005
Turner v. Connecticut green
scotus · 2004
2 sentences

2005Seebeck v. State, 246 Conn. 514, 534 , 717 A.2d 1161 (1998). “[W]hen a petitioner presents an issue on appeal that satisfies any one of the Lozada criteria, that petitioner ought to have that issue considered on appeal.” State v. Turner, 267 Conn. 414, 431 , 838 A.2d 947 , cert. denied, 543 U.S. 809 , 125 S. Ct. 36 , 160 L.

2005Seebeck v. State, 246 Conn. 514, 534 , 717 A.2d 1161 (1998). “[W]hen a petitioner presents an issue on appeal that satisfies any one of the Lozada criteria, that petitioner ought to have that issue considered on appeal.” State v. Turner, 267 Conn. 414, 431 , 838 A.2d 947 , cert. denied, 543 U.S. 809 , 125 S. Ct. 36 , 160 L.

12005–2005
Simms v. Warden, State Prison green
conn · 1994
2 sentences

2004For instance, in Simms v. Warden, 230 Conn. 608, 616 , 646 A.2d 126 (1994), we concluded that the Lozada test applied to the denial of a request for certification to appeal from an adverse habeas corpus determination pursuant to General Statutes § 52-470 (b).

2004For instance, in Simms v. Warden, 230 Conn. 608, 616 , 646 A.2d 126 (1994), we concluded that the Lozada test applied to the denial of a request for certification to appeal from an adverse habeas corpus determination pursuant to General Statutes § 52-470 (b).

12004–2004
State v. James green
conn · 2002
2 sentences

2004For example, in State v. James, 261 Conn. 395, 409 , 802 A.2d 820 (2002), this court adopted the Lozada test in order to provide a framework within which to determine whether a trial court abused its discretion when it denied the state’s request to appeal pursuant to General Statutes § 54-96.

2004For example, in State v. James, 261 Conn. 395, 409 , 802 A.2d 820 (2002), this court adopted the Lozada test in order to provide a framework within which to determine whether a trial court abused its discretion when it denied the state’s request to appeal pursuant to General Statutes § 54-96.

12004–2004
Copas v. Commissioner of Correction green
conn · 1995
2 sentences

2002Similarly, in Copas v. Commissioner of Correction, 234 Conn. 139, 149 , 662 A.2d 718 (1995), the habeas court held that the petitioner had received ineffective assistance of counsel at the time of his guilty plea.

2002Similarly, in Copas v. Commissioner of Correction, 234 Conn. 139, 149 , 662 A.2d 718 (1995), the habeas court held that the petitioner had received ineffective assistance of counsel at the time of his guilty plea.

12002–2002
Barefoot v. Estelle red
scotus · 1983
2 sentences

2002B The Lozada inquiry was established in order to determine whether a petitioner has made the requisite “substantial showing of the denial of a federal right” for the issuance of the required certificate of probable cause to appeal the denial of federal habeas relief under 28 U.S.C. § 2253 , and Barefoot v. Estelle, 463 U.S. 880, 893 , 103 S. Ct. 3383 , 77 L.

2002B The Lozada inquiry was established in order to determine whether a petitioner has made the requisite “substantial showing of the denial of a federal right” for the issuance of the required certificate of probable cause to appeal the denial of federal habeas relief under 28 U.S.C. § 2253 , and Barefoot v. Estelle, 463 U.S. 880, 893 , 103 S. Ct. 3383 , 77 L.

12002–2002

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 54-95 (5) CT § Conn. Gen. Stat. § 52-270 (3) CT § Conn. Gen. Stat. § 52-470 (3)

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.

Where else courts name it

CT 6 (1996–2013) OK 2 (2024–2024)

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.

← Caselaw search · G Cite Topics · Brief Check