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SIMMS v. WARDEN

(14924)

230 Conn. 608 (1994)

FLOYD SIMMS v. WARDEN, STATE PRISON

Supreme Court of Connecticut.

Decision released August 9, 1994.

Attorney(s) appearing for the Case

Meryl Anne Spat, with whom was Louis S. Avitabile, special public defender, for the appellant (petitioner).

Carolyn K. Longstreth, assistant state's attorney, with whom were Jacqueline J. Footman, assistant state's attorney, and, on the brief, Patricia A. Swords, state's attorney, for the appellee (respondent).

PETERS, C. J., CALLAHAN, BORDEN, BERDON and LAVERY, JS.

PETERS, C. J.

The dispositive issue in this appeal from the trial court's denial of a writ of habeas corpus is whether the habeas court abused its discretion by denying the petitioner's request for certification to appeal. Earlier this year, in Simms v. Warden, 229 Conn. 178, 640 A.2d 601 (1994) (Simms I), we held that an appeal; rather than a writ of error, is the proper procedure for appellate review of the...

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