Linarte v. Commissioner of Correction
2014 WL 46624
Conn. App. Ct.2014Background
- Petitioner Francisco Linarte was convicted on five counts of first-degree sexual assault and five counts of risk of injury to a child, receiving a total sentence of 40 years with 20 years suspended and 35 years of probation.
- He unsuccessfully appealed his conviction prior to habeas proceedings.
- On June 2, 2009, Linarte filed an amended petition for a writ of habeas corpus raising five claims, including ineffective assistance and actual innocence.
- On July 1, 2010, the habeas court denied the petition and later denied certification to appeal the denial.
- Linarte then sought certification to appeal the denial of his habeas corpus petition; the appellate court addressed the standards for reviewing such certification and the credibility determinations of the habeas court.
- The appellate court ultimately dismissed the appeal, upholding the habeas court’s denial of certification and noting that the credibility assessment of Mantell, the petitioner’s expert, was properly not reconsidered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the habeas court abused its discretion in denying certification to appeal | Linarte argues denial was abuse of discretion | Respondent asserts proper application of Lozada/Simms standards | No abuse; certification denial affirmed |
| Whether the habeas court properly discredited Mantell’s testimony | Mantell’s testimony should be given weight | Habeas judge credited with firsthand observation; review limited | Credibility determinations defer to the habeas court; no reversal on appeal},{ |
Key Cases Cited
- Simms v. Warden, 229 Conn. 178 (1994) (set standard for appellate review after certification denial; abuse requires debatable issues or reasonable prospect of reversal)
- Lozada v. Deeds, 498 U.S. 430 (1991) (factors for abuse of discretion to deny certification adopted by Simms)
- Oliphant v. Commissioner of Correction, 146 Conn. App. 499 (2013) (discusses standards for habeas review of certification denial)
- Spyke v. Commissioner of Correction, 145 Conn. App. 419 (2013) (explains Strickland standard for ineffective assistance; prejudice required)