92 Conn. App. 533

RAUL IVAN DIAZ v. COMMISSIONER OF CORRECTION

(AC 25296)

Lavery, C. J., and McLachlan and Cretella, Js.

Argued October 12

officially released December 6, 2005

Charles F. Willson, special public defender, for the appellant (petitioner).

Frederick W. Fawcett, supervisory assistant state’s attorney, with whom, on the brief, were Jonathan C. Benedict, state’s attorney, and Gerard P. Eisenman, senior assistant state’s attorney, for the appellee (respondent).

Opinion

PER CURIAM.

The petitioner, Raul Ivan Diaz,1 filed an amended petition for a writ of habeas corpus in *534which he alleged that he was denied the effective assistance of trial and appellate counsel. Following an evidentiary hearing, the habeas court dismissed the petition. The court also denied the petition for certification to appeal. This appeal followed.

We have reviewed the issues raised by the petitioner and the record of the proceeding before the court, as well as the court’s oral decision. We conclude that the petitioner has not demonstrated that the issues raised relating to his petition for certification to appeal are debatable among jurists of reason, that a court could resolve the issues in a different manner or that the questions raised deserve encouragement to proceed further. See Lozada v. Deeds, 498 U.S. 430, 431-32, 111 S. Ct. 860, 112 L. Ed. 2d 956 (1991). As the petitioner has not satisfied any of those criteria, he has failed to demonstrate that the court’s denial of his petition for certification to appeal reflects an abuse of discretion. See Simms v. Warden, 230 Conn. 608, 616, 646 A.2d 126 (1994).

The appeal is dismissed.

Diaz v. Commissioner of Correction
92 Conn. App. 533

Case Details

Name
Diaz v. Commissioner of Correction
Decision Date
Dec 6, 2005
Citations

92 Conn. App. 533

Jurisdiction
Connecticut

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