Riddick v. Commissioner of Correction
19 A.3d 174
Conn.2011Background
- Riddick was convicted in 1998 of murder and risk of injury to a child, receiving a total sentence of 63 years.
- His conviction was affirmed on direct appeal by the Connecticut Appellate Court.
- In 2001, he filed a self-represented petition for a writ of habeas corpus.
- Special public defender Levy was appointed in 2003 to amend the petition and assess claims.
- Levy sought leave to withdraw under Anders v. California, arguing the petition was wholly frivolous and the court must conduct a full record review.
- The habeas court granted Levy’s withdrawal motion in 2004 and dismissed the petition; the decision was reviewed through the Appellate Court and this Court, which ultimately narrowed the issue on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the habeas court properly granted withdrawal under Anders. | Riddick argues the court failed to conduct proper review of the transcript and proceedings. | Commissioner contends the court complied with Anders and related practice rules. | Yes; the court properly followed Anders procedures and did not abuse discretion. |
| Whether the habeas court abused its discretion in denying certification to appeal. | Riddick contends the court mishandled issues that were not frivolous. | Commissioner maintains the denial was proper given the record. | Yes; certification denial was proper. |
| Whether Riddick raised nonfrivolous issues warranting appellate review. | Riddick asserts nonfrivolous claims exist that merit review. | Levy’s Anders submission and the record show the issues were frivolous. | Yes; the issues were frivolous and dismissal was appropriate. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (establishes procedure for withdrawing when case is wholly frivolous after full record review)
- Pascucci v. State, 161 Conn. 382 (Conn. 1971) (connects Anders procedure to state practice)
