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SUMMERVILLE v. WARDEN

(14649)

229 Conn. 397 (1994)

ROBERT SUMMERVILLE v. WARDEN, STATE PRISON

Supreme Court of Connecticut.

Decision released May 24, 1994.

Attorney(s) appearing for the Case

Paula Mangini Montonye, assistant public defender, for the appellant-appellee (petitioner).

Judith Rossi, assistant state's attorney, with whom, on the brief, were Eugene J. Callahan, state's attorney, and David I. Cohen, assistant state's attorney, for the appellee-appellant (respondent).

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

BORDEN, J.

This certified habeas corpus appeal raises two principal issues. They are: (1) whether habeas corpus recognizes a claim of actual innocence affecting the fairness of the petitioner's criminal trial even if that claim does not depend upon an antecedent constitutional violation; and (2) whether, in the circumstances of this case, the petitioner has produced sufficient evidence to require a remand to the habeas court for a consideration of his claim of actual...

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