240 Conn. 547 | Conn. | 1997
Opinion
The petitioner, Floyd Williams, was convicted of a single count of felony murder and sentenced to a term of imprisonment of sixty years. We subsequently affirmed his conviction. State v. Williams,
The petitioner, upon a grant of certification by the habeas judge, appealed from the judgment of the habeas court to the Appellate Court. The Appellate Court affirmed the judgment of the habeas court. The Appellate Court, however, specifically declined to “adopt the legal standard employed by the habeas court in reaching its decision.” Williams v. Commissioner of Correction, 41 Conn. App. 515, 530, 677 A.2d 1 (1996). The Appellate Court concluded, rather, that the petitioner could not prevail because he had failed to present newly discovered evidence in support of his claim. Id., 530; see Summerville v. Warden, 229 Conn. 397, 432-33, 641 A.2d 1356 (1994). We granted certification limited to the following question: “Did the Appellate Court properly conclude that a habeas coipus petitioner alleging his actual innocence must show that his claim of innocence is sustained by newly discovered evidence?” Williams v. Commissioner of Correction, 238 Conn. 908, 680 A.2d 311 (1996).
In his brief to this court and in oral argument, the petitioner disputed only the standard of proof to be
After having read the record and the appellate briefs of the parties and after having considered their oral arguments, we have determined that, in view of the petitioner’s concession, certification of this matter was improvidently granted.
The appeal is dismissed.
By dismissing this appeal because certification was improvidently granted, we take no position on the correctness of the Appellate Court opinion.