What happens at the end of a habeas corpus trial in the state of Connecticut? You can find out on this page.
Closing Argument
Closing argument at the conclusion of the habeas trial does not always happen, but habeas counsel should nevertheless prepare to succinctly summarize the evidence of counsel’s deficiencies, the prejudice that ensued, and the appropriate remedy.
Post Trial Brief
The post-trial brief, if requested or permitted by the habeas court, should also summarize the evidence adduced in support of the claimed deficiencies and the attendant prejudice, but in far greater detail than a closing argument. Each argument should also be supported by ample legal authority. The pertinent pages of the habeas trial transcript should also be cited. In that it may take several weeks or months for the court reporter to prepare the transcript, habeas counsel should request that the due date of the brief get extended to 30 or 45 days after receipt of the transcript.
Habeas counsel should also be prepared to submit proposed findings of fact should the court so request. Here again, the habeas trial transcript will be needed.
Habeas Decision
General Statutes § 52-470(a) states that, “[t]he court or judge hearing any habeas corpus shall proceed in a summary way to determine the facts and issues of the case, by hearing the testimony and arguments in the case, and shall inquire fully into the cause of imprisonment and thereupon dispose of the case as law and justice require.” See James L. v. Commissioner, 245 Conn. 132, 148 (1998) (“A habeas court must fashion a remedy appropriate to the constitutional right it seeks to vindicate.”); Gaines v. Manson, 194 Conn. 510, 516 (1984) (“In the adjudication of petitions for habeas corpus, the remedies available to a court depend upon the constitutional rights that are being vindicated.”); see also Practice Book § 23-34 Habeas Corpus—Summary Procedures for Habeas Corpus Petitions and § 23-37 Habeas Corpus—Summary Judgment. The habeas court must “render judgment not later than one hundred and twenty days from the completion date of the trial…” General Statutes § 51-183b. However, “[t]he parties may waive the provisions of this section.” Id.; see also Foote v. Commissioner, 125 Conn. App. 296 (2010). If the judgment gets rendered beyond the 120-day statutory deadline and the parties have not waived the deadline or consented to the late filing, the petitioner can move to set aside the judgment, seeking a new habeas trial as a remedy. See Foote v. Commissioner, 125 Conn. App. at 297-98, 307.
The habeas court has the authority, under General Statutes § 52-493, to issue any interlocutory or final order that may appear to be an appropriate form of relief for the claims raised in the petition.
Getting Help
You need to make sure that your rights are protected in a habeas corpus trial. The best way to protect yourself is to contact an attorney and have them represent you throughout this process.
