Jimenez v. Comm'r of Corr., 151 A.3d 853, 169 Conn. App. 703 (2016)

Dec. 13, 2016 · Connecticut Appellate Court · AC 37860
151 A.3d 853, 169 Conn. App. 703

Francisco JIMENEZ
v.
COMMISSIONER OF CORRECTION

AC 37860

Appellate Court of Connecticut.

Argued September 21, 2016
Officially released December 13, 2016

Douglas H. Butler, assigned counsel, for the appellant (petitioner).

Harry Weller, senior assistant state's attorney, with whom, on the brief, were Brian Preleski, state's attorney, and Kelly Masi, assistant state's attorney, for the appellee (respondent).

Keller, Prescott and Bear, Js.

PER CURIAM.

*703The petitioner, Francisco Jimenez, appeals, following the granting of his petition for certification to appeal, from the judgment of the habeas court denying his second petition for a writ of habeas corpus. He sets forth claims of constitutional violations because of the actions of trial counsel, and he claims deficient performance of trial counsel, appellate counsel, and first habeas counsel. The petitioner bases these claims on trial counsel's (1) allegedly discriminatory and improper statements during closing argument; (2) failure to pursue a motion to suppress a purportedly inculpatory statement by the petitioner; and (3) failure to call a witness. Following a trial, the habeas court denied the petitioner's second petition for a writ of habeas corpus.

*854After careful review of the record and the parties' appellate briefs, their oral arguments before this court, and the habeas court's thoughtful and well reasoned *704memorandum of decision, we conclude that the court properly denied the petition for a writ of habeas corpus. See Harris v. Commissioner of Correction , 126 Conn.App. 453, 458, 11 A.3d 730, cert. denied, 300 Conn. 932, 17 A.3d 69 (2011). There is no error.

The judgment is affirmed.