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FERNANDEZ v. COMMISSIONER OF CORRECTION

No. 23972.

859 A.2d 948 (2004)

86 Conn.App. 42

Rafael FERNANDEZ v. COMMISSIONER OF CORRECTION.

Appellate Court of Connecticut.

Decided November 16, 2004.

Attorney(s) appearing for the Case

Martin Zeldis, public defender, for the appellant (petitioner).

James A. Killen, senior assistant state's attorney, with whom, on the brief, were Christopher L. Morano, chief state's attorney, and Angela R. Macchiarulo, assistant state's attorney, for the appellee (respondent).

FOTI, WEST and McLACHLAN, Js.

WEST, J.

The principal issue in this appeal is whether, on the basis of the doctrine of res judicata, the habeas court correctly prevented the petitioner, Rafael Fernandez, from relitigating claims in a habeas proceeding that were raised, litigated and decided on direct appeal from his judgment of conviction. We affirm the judgment of the habeas court.

In May, 1998, the petitioner was convicted, by a three judge panel, of murder in

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