Perillo v. Commissioner of Correction
2014 WL 1017969
Conn. App. Ct.2014Background
- Petitioner pled guilty on Feb. 11, 2008 to first-degree manslaughter under Alford doctrine and to escape from custody; sentence: 30 years with 20 years suspended and 5 years probation.
- Petitioner did not file a direct appeal but commenced a habeas action as a self-represented litigant.
- Habeas petition filed Aug. 25, 2011 alleged ineffective assistance of habeas trial counsel Day and other deficiencies, plus due process claim about plea knowing, intelligent, voluntary.
- Habeas court denied certification to appeal on Feb. 28–29, 2012; petitioner sought cert. to appeal the denial.
- Appellate challenge on appeal concerns only habeas counsel’s conduct, not the underlying criminal trial counsel; Court reviews certification ruling for abuse of discretion.
- Petitioner’s claims were not raised in the petition for certification to appeal; the court held review of unraised issues improper and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether habeas court abused its discretion in denying certification to appeal | Perillo argues trial counsel issues affect cert. | State contends petition did not raise the underlying issues; discretionary denial appropriate. | No; denial affirmed; abuse not shown. |
| Whether issues not raised in the petition for certification can be reviewed | Perillo seeks review of claims not raised in the certification petition. | Court cannot review unraised issues; would ambush habeas judge. | Unraised claims cannot be reviewed; dismissal upheld. |
Key Cases Cited
- Campbell v. Commissioner of Correction, 132 Conn. App. 263 (2011) (review limits when not raised in petition for certification to appeal)
- Perry v. Commissioner of Correction, 131 Conn. App. 792 (2011) (claims not included in petition not reviewable)
- Logan v. Commissioner of Correction, 125 Conn. App. 744 (2010) (same principle)
- Mitchell v. Commissioner of Correction, 68 Conn. App. 1 (2002) (supports limited review of certification petitions)
- Spyke v. Commissioner of Correction, 145 Conn. App. 419 (2013) (abuse of discretion standard for habeas matters)
- Crespo v. Commissioner of Correction, 292 Conn. 804 (2009) (habeas review procedure guidance)