Legal Opinion
Fernandez v. Commissioner of Correction
Connecticut Appellate Court
Decided November 16, 2004No. AC 23972PublishedCited by 11 opinions
1Opinion of the Court
Opinion
WEST, J.
The principal issue in this appeal is whether, on the basis of the doctrine of res judicata, the habeas court correctly prevented the petitioner, Rafael Fernandez, from relitigating claims in a habeas proceeding that were raised, litigated and decided on direct appeal from his judgment of conviction. We affirm the judgment of the habeas court.
In May, 1998, the petitioner was convicted, by a three judge panel, of murder in violation of General Statutes § 53a-54a (a) and arson in the first degree in violation of General Statutes § 53-111 (a) (1). He appealed from his judgment of…
2Cases cited10 opinions
- Holley v. Commissioner of CorrectionConnecticut Appellate Court · 2001
- McCarthy v. WardenSupreme Court of Connecticut · 1989
- Erie County v. Erie County Retirees Ass'nSupreme Court of the United States · 2001
- State v. FernandezSupreme Court of Connecticut · 2000
- Giannotti v. WardenConnecticut Appellate Court · 1991
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Diaz v. Commissioner of CorrectionConnecticut Appellate Court · 2010
- Henderson v. Commissioner of CorrectionConnecticut Appellate Court · 2011
- Grant v. Commissioner of CorrectionConnecticut Appellate Court · 2010
- In Re Application for Petition for Writ of Habeas Corpus by RossSupreme Court of Connecticut · 2005
- Fernandez v. Commissioner of CorrectionSupreme Court of Connecticut · 2009
6 more not listed; retrieve them via the Exa API.