Connecticut Supreme Courthouse. Photo: Wikicommons Judge Concerned About Ruling Allowing Challenges Based on Unpreserved Claims
"The lack of uniformity in the Appellate Court authority leads us to conclude that deference to the Appellate Court decisions cited in the dissenting opinion is unwarranted," the majority opinion said.
July 26, 2023 at 05:31 PM
3 minute read
The Connecticut Supreme Court ruled in two cases that a habeas proceeding can be challenged if the unpreserved claims are debatable issue between jurists of reason, the court can resolve them in an alternative method, or the claims are satisfactory to proceed further.
The high court said habeas proceedings are reviewable under the plain error doctrine and State v. Monica Golding. It overturned the Appellate Court's ruling, which dismissed the appeal filed by each petitioner, Harold T. Banks Jr. and Benjamin Bosque, against the Commissioner of Correction.
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