Small v. Commissioner of Correction

Opinion

DUPONT, J.

The petitioner, Anthony Small, appeals following the habeas court’s denial of his petition for certification to appeal from the judgment dismissing his petition for a writ of habeas corpus. The dispositive *391issue to be determined is whether either his trial or appellate counsel rendered ineffective assistance to him arising out of a jury instruction that did not contain the language of General Statutes § 53a-49 (a) (2).1 We agree that his petition for certification to appeal should have been granted as to that issue but conclude that neither counsel rendered ineffective…