Opinion
(14183) (14303)
Argued October 26, 1995
Decision released November 28, 1995
Amended petitions for writs of habeas corpus, brought to the Superior Court in the judicial district of Tolland and tried to the court, Sferrazza, J.; judgments dismissing the petitions; thereafter, the court denied the petitions for certification to appeal, and the petitioner appealed to this court. Appeals dismissed.
Mary Haselkamp, assistant public defender, with whom, on the brief, was Paula Mangini Montonye, assistant public defender, for the appellant in the first appeal (petitioner).
James A. Shanley, Jr., for the appellant in the second appeal (petitioner).
Lawrence J. Tytla, assistant state's attorney, with whom, on the brief, was Kevin T. Kane, state's attorney, for the appellee (respondent).
The petitioner appeals from two decisions of the habeas court dismissing his writs of habeas corpus. Both cases were argued before this court on the same day. Appeal 14303 arises out of the petitioner's convictions of robbery in the first degree, threatening, and accessory to kidnapping with a firearm in April, 1991. The genesis of appeal 14183 is the petitioner's convictions of robbery in the first degree and theft of firearm in August, 1991.
A common issue is presented by both appeals and we therefore consider them together. After a review of the records and briefs, and after considering the oral arguments, we conclude that the petitioner has not made a substantial showing in either case that he has been denied a state or federal constitutional right or sustained the burden of persuasion that the denial of certification to appeal was a clear abuse of discretion or that an injustice has been done. See Simms v. Warden, 230 Conn. 608, 612, 646 A.2d 126 (1994); Simms v. Warden, 229 Conn. 178, 189, 640 A.2d 601 (1994); see also Lozada v. Deeds, 498 U.S. 430, 431-32, 111 S.Ct. 860, 112 L.Ed. 956 (1991).
The habeas court's dismissals of the petitioner's claims were predicated on the credibility of the witnesses. The habeas court's findings were not contested on appeal; the petitioner did not file motions to correct or motions for articulation. See Bush v. Commissioner of Correction, 37 Conn. App. 930, 657 A.2d 724 (1995). Our review of the underlying historical facts found by the habeas court leads us to conclude that they are not clearly erroneous. McKnight v. Commissioner, 35 Conn. App. 762, 765, 646 A.2d 305, cert. denied, 231 Conn. 936, 650 A.2d 173 (1994).