Connecticut Court of Appeals, 2014

Flores v. Commissioner of Correction

Flores v. Commissioner of Correction
Connecticut Court of Appeals · Decided December 16, 2014

Flores v. Commissioner of Correction

Opinion

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All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** FLORES v. COMMISSIONER OF CORRECTION—DISSENT PRESCOTT, J., dissenting. I respectfully dissent as to the majority’s dismissal of this appeal because I con- clude that the issue raised in the petition for certifica- tion to appeal regarding whether the failure of trial counsel to move for a mistrial constituted ineffective assistance of counsel is debatable among jurists of rea- son. Nevertheless, I agree with the majority that the petitioner, Luis Flores, ultimately cannot prevail on his ineffective assistance of counsel claim for the reasons stated by the majority in analyzing whether the habeas court abused its discretion in denying certification to appeal. Therefore, I would affirm the judgment of the habeas court.

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