Delgado v. Commissioner of Correction

Opinion

PETERS, J.

Claims of judicial error that a criminal defendant failed to raise on direct appeal are renewable in a petition for habeas corpus only if the petitioner can show “cause and prejudice” for his prior default. Cobham v. Commissioner of Correction, 258 Conn. 30, 40, 779 A.2d 80 (2001). To comply with this requirement, “the petitioner must demonstrate good cause for his failure to raise a claim at trial or on direct appeal and actual prejudice resulting from the impropriety claimed in the habeas petition.” Id. In this case, in the absence of such a showing, the habeas court not…