Melendez v. Commissioner of Correction
62 A.3d 629
Conn. App. Ct.2013Background
- Petitioner Oscar Melendez convicted in 2000, after jury trial, of murder under Conn. Gen. Stat. § 53a-54a(a); sentenced to 30 years.
- Direct appeal affirmed; subsequent habeas actions began in 2004, with withdrawals; second writ filed in 2008; amended petition filed in 2011 alleging ineffective assistance of trial counsel.
- Trial on the amended petition began April 27, 2011; petitioner sought to withdraw; court canvassed and ultimately did not permit withdrawal, citing potential delay and prior withdrawals in other actions.
- Petitioner's counsel requested calls of witnesses; petitioner refused to testify; respondent presented no evidence; habeas court denied petition on the merits.
- Petitioner sought certification to appeal the denial; habeas court denied certification; petitioner appeals challenging the denial and asserting plain error for the withdrawal decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abuse of discretion in denying certification to appeal | Melendez argues denial was an abuse of discretion | Melendez failed to raise issues in certification; standard requires debatable questions | No abuse; issues not properly raised for certification |
| Plain error in refusing withdrawal of habeas petition | Absolute right to withdraw under § 52-80; error to deny | Withdrawal not clear; hearing on merits had commenced; court preserved meritorious decision | No plain error; decision not reversible under plain error doctrine |
| Whether withdrawal request was clearly presented and hearing status clarified | Petitioner clearly sought withdrawal of petition | Record shows confusion; withdrawal request ambiguous; hearing status unclear | No clear, unequivocal withdrawal; no error warranting reversal |
Key Cases Cited
- Norton v. Commissioner of Correction, 132 Conn. App. 860 (Conn. App. 2012) (abuse-of-discretion standard in habeas cert. appeals; plenary review of constitutional claims)
- Crawford v. Commissioner of Correction, 294 Conn. 165 (Conn. 2009) (plain error doctrine reserved for extraordinary circumstances; requires manifest injustice)
- Grimm v. Grimm, 74 Conn. App. 406 (Conn. App. 2002) (withdrawal restriction before hearing; need court permission if hearing has commenced)
- Daigneault v. Consolidated Controls Corp./Eaton Corp., 89 Conn. App. 712 (Conn. App. 2005) (absolute right to withdraw if no hearing has commenced)