135 Conn. App. 466
Conn. App. Ct.2012Background
- William C. was convicted on Feb. 24, 2005, of multiple offenses including sexual assault in a spousal relationship, unlawful restraint, breach of the peace, threatening, and larceny in the sixth degree.
- This Court affirmed the judgments on direct appeal; habeas challenges followed, with various appellate history culminating in 2011 denials.
- On December 17, 2010, William C. filed a writ of error coram nobis alleging new evidence, malicious prosecution, and ineffective assistance of counsel.
- The State moved to dismiss the coram nobis writ on December 30, 2010; the court granted the dismissal on January 6, 2011, concluding lack of jurisdiction due to timeliness.
- Peter challenged the court’s reliance on a three-year period for coram nobis relief, citing this Court’s and Supreme Court precedent.
- The trial court’s dismissal and the absence of a right to counsel in this collateral proceeding were the central contested points on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of coram nobis | William C. contends coram nobis can be brought any time. | State argues coram nobis must be within three years of judgment. | Untimely; dismissal proper within three-year limit. |
| Right to counsel in coram nobis | William C. seeks appointment of counsel during coram nobis. | No statutory or constitutional right to counsel in civil collateral proceedings. | No right to court-appointed counsel. |
Key Cases Cited
- State v. Das, 291 Conn. 356 (2009) (coram nobis vacatur within three years of judgment)
- State v. Henderson, 259 Conn. 1 (2002) (three-year coram nobis framework)
- State v. Grisgraber, 183 Conn. 383 (1981) (early approval of time limitations)
- Jeffery v. Fitch, 46 Conn. 601 (1879) (historical basis for coram nobis)
- Small v. State, 101 Conn.App. 213 (2007) (no right to counsel in civil collateral proceedings)