Gould v. Commissioner of Correction

Opinion

EVELEIGH, J.

In Summerville v. Warden, 229 Conn. 397, 421, 641 A.2d 1356 (1994), this court held that a *546petitioner may seek a new trial pursuant to a writ of habeas corpus on the basis of a substantial claim of actual innocence unaccompanied by an antecedent showing of a constitutional violation that affected the fairness of the petitioner’s criminal trial.1 The necessity for delineating the requisite proof to prevail on such a “freestanding” claim of actual innocence did not arise, however, until this court’s decision in Miller v. Commissioner of Correction, 242 Conn. 745, 700 A.2d…