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CT HB06439

Bill

Status

Introduced

2/23/2011

Primary Sponsor

Judiciary Committee

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Origin

House of Representatives

2011 General Assembly

AI Summary

  • Establishes new habeas corpus procedures effective October 1, 2011, for applications challenging conviction validity, sentence, or psychiatric commitment, making habeas corpus the exclusive remedy in lieu of other common law or statutory remedies.

  • Bars claims that were previously raised and decided or could have been raised in pretrial proceedings, direct appeal, or earlier habeas corpus proceedings, unless applicant demonstrates good cause and actual prejudice or presents newly discovered evidence of actual innocence.

  • Defines "good cause" as an objective external factor impeding the claim's prior raising or a new retroactively applicable constitutional interpretation from the U.S. or Connecticut Supreme Court.

  • Permits courts to appoint counsel for indigent applicants in second or subsequent habeas applications if grounds are not frivolous and interests of justice are served, but prohibits raising ineffective assistance claims against prior habeas counsel.

  • Requires applicants to submit factually supported affidavits and establish a prima facie case with material factual disputes before courts may grant evidentiary hearings.

Legislative Description

An Act Concerning Habeas Corpus Reform.

Last Action

File Number 679

5/2/2011

Committee Referrals

Judiciary2/23/2011

Full Bill Text

No bill text available