Simms v. Warden, State Prison

The dispositive issue in this appeal from the trial court’s denial of a writ of habeas corpus is whether the habeas court abused its discretion by denying the petitioner’s request for certification to appeal. Earlier this year, in Simms v. Warden, 229 Conn. 178, 640 A.2d 601 (1994) (Simms I), we held that an appeal', rather than a writ of error, is the proper procedure for appellate review of the denial of a request for certification to appeal the denial of a writ of habeas corpus. Invoking our appellate jurisdiction under General Statutes § 52-265a, we thereafter permitted a belated appeal…