Motion for Continuance and Habeas Corpus

If you are interested in a Connecticut habeas corpus petition, there are several resources that you can turn to for more information. Check them out below.

Resources for Habeas Claims

The following are useful resources in identifying, developing and drafting habeas corpus claims:

Liebman & R. Hertz, Federal Habeas Corpus Practice And Procedure (7^th Ed. 2015)

Also, R. Means, Federal Habeas Manual A Guide To Federal Habeas Corpus Litigation (2014)

Burkoff & N. Burkoff, Ineffective Assistance of Counsel (2012 Ed.)

And, I.P. Robbins, Habeas Corpus Checklists (2015-16 Ed.)

Fassler, Ineffective Assistance of Counsel (1993, 1994)

Hall, Jr., Professional responsibility Of The Criminal Lawyer (1987)

In addition, Purver & L. Taylor, Handling Criminal Appeals (1980)

ABA Standards for Criminal Justice, Prosecution Function and Defense Function (3^rd Ed. 1993)

Also, ABA Standards for Criminal Justice, Discovery and Trial by Jury (3^rd Ed. 1996)

ABA Standards for Criminal Justice, Pleas of Guilty (3^rd Ed. 1999)

In addition, Connecticut Rules of Professional Conduct (West 2016)

Also consider, Bruckmann, Nash & Katz, Connecticut Criminal Caselaw Handbook (1989 Colin C. Tait & Hon. Eliot D. Prescott, Tait’s Handbook Of Connecticut Evidence (5^th Ed. 2014)

Motion for Continuance

In addition, a motion for continuance of the habeas case should cite Practice Book §§ 44-18, 14-11, and 14-25 and Hawk v. Olson, 326 U.S. 271, 278 (1945) (“The defendant needs counsel, and counsel needs time.”); White v. Ragan, 324 U.S. 760, 764 (1945)(finding it “a denial of the accused’s constitutional right to a fair trial to force him to trial with such expedition as to deprive him of the effective aid and assistance of counsel”); and Brescia v. NewJersey, 417 U.S. 921(1974)(Marshall & Brennan, JJ., dissenting from denial of cert.)(“Timely appointment and opportunity for adequate preparation are absolute prerequisites for counsel to fulfill his constitutionally assigned role of seeing to it that available defenses are raised and the prosecution put to its proof”). Habeas counsel may also find State v. Day, 233 Conn. 813, 875-78 (1995) helpful on the issue of a continuance.

In addition, any impact on the scheduling orders, see Practice Book § 23-35, should be addressed in the motion. “[T]he denial of a request for a continuance is appealable.” Jackson v. Commissioner, 227 Conn. 124, 136 (1993).

Getting Help

Are you interested in the Connecticut habeas corpus petition? If so, it is a good idea to talk to a lawyer about your situation.