Stenner v. Commissioner of Correction
144 Conn. App. 371
Conn. App. Ct.2013Background
- Stenner was arrested on August 22, 2001, for murder of Robert Schmidt, charged under § 53a-54a and § 53a-8, and later convicted by a jury and sentenced to 60 years; the Connecticut Supreme Court affirmed.
- On August 12, 2011, Stenner filed an amended habeas petition alleging ineffective assistance of trial counsel for not adequately investigating and presenting a coconspirator motive theory, among other claims.
- The habeas court denied the writ of habeas corpus and refused to certify the denial for appeal.
- Stenner sought certification to appeal via an application for waiver of fees and counsel, asserting a Sixth Amendment confrontation claim in the grounds for appeal.
- The habeas court denied certification; Stenner appeals arguing abuse of discretion and ineffective assistance based on trial conduct.
- The appellate court dismissed the appeal, holding the issues raised on appeal were not raised in the petition for certification or the waiver application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the habeas court abused its discretion in denying certification to appeal. | Stenner argues abuse of discretion due to unresolved ineffective-assistance claims. | Court correctly denied certification since issues not raised in petition. | No abuse of discretion; dismissal affirmed. |
| Whether the denied writ should be reviewed given arguments about trial counsel's effectiveness. | Ineffective assistance undermines habeas relief and warrants review. | Issues not raised in certification waiver cannot be reviewed. | Not reviewable; claims not raised. |
Key Cases Cited
- Mejia v. Commissioner of Correction, 112 Conn. App. 137 (2009) (two-step abuse-of-discretion and merits review standard)
- Campbell v. Commissioner of Correction, 132 Conn. App. 263 (2011) (claims not raised cannot be reviewed on appeal from habeas denial)
- Tutson v. Commissioner of Correction, 144 Conn. App. 203 (2013) (review limitations when issues omitted from petition)
- Simms v. Warden, 229 Conn. 178 (1994) (two-pronged test for certiorari review of habeas denial)