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149 Conn. App. 719
Conn. App. Ct.
2014
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Background

  • 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)
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Case Details

Case Name: Coleman v. Commissioner of Correction
Court Name: Connecticut Appellate Court
Date Published: Apr 22, 2014
Citations: 149 Conn. App. 719; 87 A.3d 1208; 2014 Conn. App. LEXIS 173; 2014 WL 1464405; AC33828, AC33829
Docket Number: AC33828, AC33829
Court Abbreviation: Conn. App. Ct.
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    Coleman v. Commissioner of Correction, 149 Conn. App. 719