Kaddah v. Commissioner of Correction

Petitioner was convicted of murder and other crimes. Petitioner filed a petition for writ of habeas corpus alleging ineffective assistance of counsel at Petitioner’s underlying criminal trial and on direct appeal. The petition was denied. Petitioner then filed a second habeas petition alleging ineffective assistance of habeas counsel in the first habeas proceeding. The habeas court denied the petition. Petitioner later filed a third habeas petition alleging, inter alia, ineffective assistance of habeas counsel in the second habeas proceeding. The habeas court dismissed these counts, concluding that Petitioner had failed to state a cognizable claim because the statutory right of indigent habeas petitions to counsel under Conn. Gen. Stat. 51-296(a) is limited to “effective representation by…first habeas counsel.” The Supreme Court reversed, holding that common law authorizes a third habeas petition as a proper vehicle to vindicate the right to competent assigned counsel in a second habeas proceeding. Remanded. View "Kaddah v. Commissioner of Correction" on Justia Law