Summerville v. Warden, State Prison

This certified habeas corpus appeal raises two principal issues. They are: (1) whether habeas corpus recognizes a claim of actual innocence affecting the fairness of the petitioner’s criminal trial even if that claim does not depend upon an antecedent constitutional violation; and (2) whether, in the circumstances of this case, the petitioner has produced sufficient evidence to require a remand to the habeas court for a consideration of his claim of actual innocence because his conviction of manslaughter in the first *399degree in violation of General Statutes § 53a-55 (a) (l)1 had been based on…