Sinchak v. Commissioner of Correction, 126 Conn. App. 684

Anthony Sinchak was convicted in 1995 of murder and two counts of kidnapping.
He filed two pro se habeas petitions in 2000 and 2001; they were consolidated in 2001.
Attorney Donald O'Brien was later appointed to represent him on the first petition.
A habeas court denied the first petition in 2007 and denied certification to appeal.
Sinchak filed a second habeas petition in 2007 asserting ineffective assistance of habeas counsel and sought counsel for this petition.
The habeas court waived the entry fee but dismissed the second petition as premature in August 2007; certification to appeal was granted and briefed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court had to appoint counsel for the habeas on a habeas	Sinchak contends § 51-296(a) requires counsel for a habeas on a habeas.	Commissioner contends no right to counsel for a habeas on a habeas.	Right to counsel required; court must appoint counsel.
Whether the second petition was properly dismissed as premature	Sinchak argues Leecan-like reasoning allows action despite pending direct appeal.	Commissioner argues dismissal as premature was appropriate.	Question mooted by subsequent events; matter remanded for further proceedings; court does not decide Leecan issue.

Lozada v. Warden, 223 Conn. 834 (1992) (ineffective assistance of habeas counsel may be challenged via habeas petition)
In re A.R., 123 Conn. App. 336 (2010) (liberal construction of statutory right to counsel for indigent petitioners)
Gipson v. Commissioner of Correction, 257 Conn. 632 (2001) (any criminal action includes direct appeals and related proceedings)
State v. Casiano, 282 Conn. 614 (2007) (motion to correct an illegal sentence treated as part of criminal action)
Small v. State, 101 Conn. App. 213 (2007) (distinguishes 'any criminal action' from petitions for a new trial)