Smith v. Commissioner of Correction

Opinion

The petitioner, Robert Smith, appeals after the trial court denied his petition for certification to appeal from the court’s judgment denying his petition for a writ of habeas corpus. Although the amended petition alleged ineffective assistance of trial and appellate counsel, the petitioner on appeal argues that at trial there was an unconstitutional variance between the crimes charged and the crimes for which he was convicted. Because the petitioner did not raise the issue of variance either at trial on direct appeal or at the habeas hearing, and because we conclude that the habeas…