149 Conn. App. 719
Conn. App. Ct.2014Background
- Charles Coleman appeals after habeas court denied certification to appeal regarding count seven of his amended petition for writ of habeas corpus.
- Count seven alleged ineffective assistance by Kathleen Berry, Coleman’s former counsel, who withdrew under Anders v. California and Practice Book § 23-41.
- The habeas court dismissed count seven, citing preclusive effects of res judicata based on Berry’s prior examination and withdrawal.
- Coleman’s prior habeas cases and related appellate decisions held Berry raised all potential claims and found none meritorious.
- The court concluded the issue was governed by res judicata, limiting consideration to claims actually litigated previously or not reasonably available earlier.
- This Court affirmed dismissal, holding no abuse of discretion in denying certification to appeal on count seven.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether count seven is barred by res judicata. | Coleman argues unresolved issues merit review. | Berry’s performance was already adjudicated; claims never litigated anew. | Count seven precluded; no abuse of discretion in denial of certification. |
Key Cases Cited
- Coleman v. Commissioner of Correction, 274 Conn. 422 (2005) (prior habeas decisions; res judicata applies in habeas corpus)
- Coleman v. Commissioner of Correction, 99 Conn. App. 310 (2007) (appellate confirmation of prior res judicata analysis)
- Campbell v. Commissioner of Correction, 121 Conn. App. 576 (2010) (second petition may escape dismissal if new grounds or evidence not litigated earlier)
- State v. Coleman, 251 Conn. 249 (1999) (contextual background for Coleman line of habeas decisions)
