Baez v. Commissioner of Correction, No. Ac 15010 (Mar. 11, 1996)
Opinion of the Court
At the time of the decision, the file indicated that the Habeas Trial Judge (Scheinblum, J.) had denied the petition for certification to appeal. That entry in the file was incorrect. Judge Scheinblum had actually granted the petition for certification to appeal.
This court has reviewed its decision and the decision shall stand. Frivolous is frivolous.
The Court remands this case to Judge Scheinblum, to review his decision on the petition for certification, to determine if certification was improvidently granted. Franko v. Bronson, 19 CA 686 (1989).
SO ORDERED.
BY THE COURT,
Kaplan, J.
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