Barlow v. Commissioner of Correction

The Supreme Court dismissed the appeal from the judgment of the Appellate Court reversing the judgment of the habeas court, which was rendered on remand following the Appellate Court’s previous decision denying Petitioner’s petition for a writ of habeas corpus, holding that certification was improvidently granted. The Court, however, made two additional observations about the case. First, the Court deferred to the Appellate Court’s construction of its own ambiguous judgment allowing the admission of new evidence with respect to whether counsel’s deficient performance was prejudicial as a remand for a new trial requiring a new habeas judge to try the case under Conn. Gen. Laws 51-183c; and (2) should additional findings be necessary from an existing record in order to enable the expeditious resolution of a case, the reviewing court may retain jurisdiction over the appeal by means of a rescript that does not disturb the underlying judgment pending the remand and subsequent appellate proceedings. View "Barlow v. Commissioner of Correction" on Justia Law

Posted in: Criminal Law

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