Preview:

****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut 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 Connecticut 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 reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** JAMES X. GHANT v. COMMISSIONER OF CORRECTION (SC 16256)
Borden, Katz, Palmer, Sullivan and Vertefeuille, Js. Argued May 31--officially released November 28, 2000 Counsel

Jo Anne Sulik, assistant state's attorney, with whom, on the brief, were Eugene Callahan, state's attorney, and David I. Cohen, supervisory assistant state's attorney, for the appellant (respondent). James B. Streeto, deputy assistant public defender, for the appellee (petitioner).
Opinion

VERTEFEUILLE, J. The principal issue in this appeal is whether under either the United States constitution or the constitution of Connecticut, counsel for a criminal defendant is required to inform the defendant of the right to appeal when the defendant has been convicted after pleading guilty. The respondent, the commissioner of correction (commissioner), appeals from the judgment of the habeas court restoring the appellate rights of the petitioner, James X. Ghant, due to his trial coun-

sel's failure to advise him of his right to appeal. The petitioner filed a petition for a writ of habeas corpus alleging ineffective assistance of counsel in several respects, including his trial counsel's failure to advise the petitioner of the right to appeal from the judgment of conviction after his guilty plea. The habeas court concluded that the petitioner's trial counsel was required to inform him of his appellate rights and that counsel's failure to do so prejudiced the petitioner by depriving him of his right to appeal. The habeas court therefore restored the petitioner's right to appeal. Pursuant to General Statutes

Download Ghant v. Commissioner of Correction.pdf

Connecticut Law