125 Conn. App. 220
Conn. App. Ct.2010Background
- Fernandez was convicted on multiple narcotics counts and a probation violation, receiving a total 28-year sentence; direct appeal affirmed.
- He filed a habeas petition alleging illegal confinement and asserted he was treated as a slave/ prisoner of war.
- Habeas court declined to issue writ, deeming petition wholly frivolous under Practice Book § 23-24(a)(2).
- Petition for certification to appeal and fee waiver were denied or not acted upon; counsel appointment was denied.
- This appeal challenges the habeas court’s frivolous-petition ruling and related certification issues, which the appellate court treats as discretionary review under Lozada.
- Appellate review hinges on whether the underlying claims demonstrate abuse of discretion in denying certification to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether habeas court abused discretion denying certification to appeal | Fernandez argues the petition has viable claims | Commissioner contests frivolousness and lack of merit | No; court reasonably concluded petition was frivolous under Lozada criteria |
| Whether petition for writ of habeas corpus was wholly frivolous on its face | Fernandez asserts due process and human rights claims | State contends these claims are unfounded given incarceration for crimes | No; claims deemed frivolous but underlying assertions reviewed for merits under Lozada |
| Whether denial of appointment of counsel on appeal was reviewable | Petitioner seeks counsel for appeal | Right to appointed counsel in frivolous appeals not established by statute here | Declined review; review not available via direct appeal per Casiano v. Commissioner |
Key Cases Cited
- Lozada v. Deeds, 498 U.S. 430 (U.S. 1991) (three-factor test for nonfrivolous habeas appeal)
- Ankerman v. Commissioner of Correction, 999 A.2d 789 (Conn. App. 2010) (applies Lozada framework to habeas certification appeals)
- State v. Casiano, 998 A.2d 792 (Conn. App. 2010) (review of appointment of counsel restricted to motions for review)
- Coleman v. Commissioner of Correction, 958 A.2d 790 (Conn. App. 2009) (treats denial of certification to appeal as appealable denial)