Lapointe v. Commissioner of Correction

Opinion

ALVORD, J.

The petitioner, Richard Lapointe, appeals from the judgment of the habeas court denying his second amended petition for a second writ of habeas corpus. On appeal, the petitioner claims that the court improperly rejected his actual innocence and ineffective assistance of counsel claims. We conclude that the court properly determined that the petitioner failed to prove his actual innocence claim, but we agree with the petitioner that the state’s suppression of certain material evidence deprived him of a fair trial and that he was prejudiced by his prior habeas counsel’s failure…