CLARKE v. COMMISSIONER OF CORRECTION

(SC 15575)

249 Conn. 350 (1999)

WINSTON CLARKE v. COMMISSIONER OF CORRECTION

Supreme Court of Connecticut.

Officially released June 22, 1999.


Attorney(s) appearing for the Case

James A. Shanley, Jr., special public defender, for the appellant (petitioner).

Rita M. Shair, assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, James A. Killen, supervisory assistant state's attorney, and John Waddock and Christopher Alexy, assistant state's attorneys, for the appellee (respondent).

Ann M. Parent filed a brief for the Connecticut Civil Liberties Union Foundation as amicus curiae.

Borden, Berdon, Norcott, Katz and McDonald, Js.


Opinion

BORDEN, J.

In this case, we granted certification to appeal from the judgment of the Appellate Court in order to consider the important question of whether a habeas corpus petitioner who claims actual innocence of the crime of which he stands convicted must establish that his claim of innocence is sustained by newly discovered evidence. The Appellate Court had concluded that the petitioner, Winston Clarke, was required to establish his innocence...

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