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SMALL v. COMMISSIONER OF CORRECTION

No. 26245.

909 A.2d 533 (2006)

98 Conn.App. 389

Anthony SMALL v. COMMISSIONER OF CORRECTION.

Appellate Court of Connecticut.

Decided November 14, 2006.

Attorney(s) appearing for the Case

Joseph Visone, special public defender, filed a brief for the appellant (petitioner).

Susanne E. Gill, senior assistant state's attorney, filed a brief for the appellee (respondent).

McLACHLAN, HARPER and DUPONT, Js.

DUPONT, J.

The petitioner, Anthony Small, appeals following the habeas court's denial of his petition for certification to appeal from the judgment dismissing his petition for a writ of habeas corpus. The dispositive issue to be determined is whether either his trial or appellate counsel rendered ineffective assistance to him arising out of a jury instruction that did not contain the language of General Statutes § 53a-49(a)(2).1 We...

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