2007 Ct. Sup. 4158
No. CV054008138Connecticut Superior Court Judicial District of New Haven at New Haven
March 29, 2007
MEMORANDUM OF DECISION AFTER HEARING ON RESPONDENT’S MOTION TO DISMISS
ANTHONY V. DEMAYO, J.T.R.
The petitioner’s prior Habeas Corpus petition was dismissed by the Appellate Court in 56 Conn.App. 913 (2000).
That petition alleged ineffective assistance of trial and appellate counsel. This pending petition alleges the same grounds but specifies other actions he describes as examples of ineffective assistance of counsel.
Section 23-29 of the Practice Book authorizes the court to dismiss a petition if it determines that:
The petition presents the same ground as a prior petition previously denied and fails to state new facts or proffer new evidence not reasonably available at the time of the prior petition . . .
None of the allegations raised in the present petition present facts or evidence “not reasonably available at the time of the prior petition.” See also Negron v. Warden, 180 C 153, 158 (2000).
The respondent’s Motion to Dismiss is granted.
CT Page 4159