Hopkins v. Commissioner of Correction

Opinion

FLYNN, C. J.

The petitioner, Anthony Hopkins, appeals from the judgment of the habeas court dismissing his third amended petition for a writ of habeas corpus. The court granted the petitioner’s request for certification to appeal. On appeal, the petitioner first asks this court to decide whether “the burden of proof in habeas cases [should] be modified in matters where the petitioner presents credible evidence of an available alibi witness to shift the relative burden of proof back to the State thereby requiring the State to offer clear and convincing evidence to overcome a presumption…