57 Conn. App. 310 | Conn. App. Ct. | 2000
Opinion
In the underlying criminal proceeding, the petitioner, Edwin Ross, pleaded guilty to manslaughter in the first degree and two charges of robbery in the first degree, and received a total effective sentence of thirty years incarceration. In his amended petition for a writ of habeas corpus, the petitioner alleges that trial counsel was ineffective in assisting him in that he failed (1) to inform the petitioner that he could not be convicted of the crime of felony murder if he had
The habeas court’s denial of the petitioner’s petition was predicated on a factual review of the petitioner’s claim and a determination that trial counsel was more credible than the petitioner and Casey. The court concluded that the petitioner had failed to rebut the strong presumption that “counsel’s conduct [fell] within the wide range of reasonable professional assistance . . . Safford v. Warden, 223 Conn. 180, 193, 612 A.2d 1161 (1992).
After a review of the record and briefs and after hearing oral arguments, we conclude that the petitioner has failed to make a substantial showing that he has been denied a state or federal constitutional right and, further, that he has failed to sustain his burden of persuasion that the denial of certification to appeal was a clear abuse of discretion or that an injustice has been done. See Simms v. Warden, 230 Conn. 608, 612, 646 A.2d 126 (1994); Simms v. Warden, 229 Conn. 178, 189, 640 A.2d 601 (1994); Walker v. Commissioner of Correction, 38 Conn. App. 99, 100, 659 A.2d 195, cert. denied, 234 Conn. 920, 661 A.2d 100 (1995); see also Lozada v. Deeds, 498 U.S. 430, 431-32, 111 S. Ct. 860, 112 L. Ed. 2d 956 (1991).
We conclude that the habeas court had before it sufficient evidence to find as it did and that it did not abuse
The appeal is dismissed.