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SEAN ADAMS v. COMMISSIONER OF CORRECTION (AC 31388)
DiPentima, C. J., and Robinson and Borden, Js. Argued November 17, 2010--officially released May 3, 2011

(Appeal from Superior Court, judicial district of Tolland, geographical area number nineteen, A. Santos, J.) Damon A. R. Kirschbaum, special public defender, for the appellant (petitioner).

Robert J. Scheinblum, senior assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Linda N. Howe, former senior assistant state's attorney, for the appellee (respondent).

Opinion

ROBINSON, J. The petitioner, Sean Adams, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the court improperly concluded that he failed to prove that the state withheld impeachment evidence in violation of Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963). In addition, he asserts that he was deprived of a fair trial by the state's knowing use of false testimony. We reverse the judgment of the habeas court. The facts surrounding the petitioner's underlying conviction were set forth by this court in State v. Henry, 72 Conn. App. 640, 805 A.2d 823, cert. denied, 262 Conn. 917, 811 A.2d 1293 (2002), a companion case to the petitioner's direct appeal. ``At approximately 2 a.m. on December 14, 1996, [Darcus Henry] and three fellow members of a street gang, [the petitioner], Carlos Ashe and Johnny Johnson, went to a housing project in New Haven and fired with automatic or semiautomatic weapons at three unarmed members of a rival street gang. During the attack, [Henry] and his companions killed Jason Smith and seriously injured Marvin Ogman and Andre Clark. The motive for the attack was to avenge the murder of a former member of the [petitioner's] gang, Tyrese Jenkins, by members of the rival gang, one of whom was Clark's cousin.'' Id., 643. The petitioner, Henry, Ashe and Johnson were arrested and charged in separate four count substitute informations with murder in violation of General Statutes

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