Mercer v. Commissioner of Correction

The sole issue in this certified appeal is the propriety of dismissing a petition for a writ of habeas corpus without affording the petitioner an opportunity to present evidence in support of his claims for relief. The petitioner, Eugene Mercer, filed an amended petition for a writ of habeas corpus, alleging that his conviction of felony murder pursuant to Gen*90eral Statutes (Rev. to 1983) § 53a-54c1 should be set aside because of ineffective assistance of trial and appellate counsel. The habeas court dismissed the petition but granted the petitioner certification to appeal. A divided Appellate…