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MILLER v. COMMISSIONER OF CORRECTION

(15421)

242 Conn. 745 (1997)

LAWRENCE J. MILLER v. COMMISSIONER OF CORRECTION

Supreme Court of Connecticut.

Officially released August 26, 1997.

Attorney(s) appearing for the Case

James A. Killen, assistant state's attorney, with whom, on the brief, was Patricia M. Gilbert, supervisory assistant state's attorney, for the appellant (respondent).

Joseph G. Bruckmann, public defender, with whom was Eugene J. Riccio, for the appellee (petitioner).

Borden, Berdon, Palmer, McDonald and Peters, JS.

Opinion

BORDEN, J.

In Summerville v. Warden, 229 Conn. 397, 422, 641 A.2d 1356 (1994), this court held that "a substantial claim of actual innocence is cognizable by way of a petition for a writ of habeas corpus, even in the absence of proof by the petitioner of an antecedent constitutional violation that affected the result of his criminal trial." This appeal presents a question that we found unnecessary...

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