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RICHARD KOSLIK v. COMMISSIONER OF CORRECTION (AC 31232)
Bishop, Alvord and West, Js. Argued February 4--officially released April 12, 2011

(Appeal from Superior Court, judicial district of Tolland, A. Santos, J.) Alan Jay Black, for the appellant (petitioner). Leon F. Dalbec, Jr., senior assistant state's attorney, with whom, on the brief, were Scott J. Murphy, state's attorney, and Erika L. Brookman, assistant state's attorney, for the appellee (respondent).

Opinion

BISHOP, J. The petitioner, Richard Koslik, appeals following the denial of his petition for certification to appeal from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. On appeal, he claims that the court abused its discretion in denying certification to appeal and improperly rejected his claim of ineffective assistance of trial counsel. We conclude that the court improperly denied certification to appeal. Nevertheless, we agree with the court's determination that the petitioner failed to prove ineffective assistance of counsel and, accordingly, affirm the judgment of the habeas court. The record reveals the following factual and procedural history. On August 26, 1998, the department of consumer protection (department) suspended the petitioner's registration as a home improvement contractor. Thereafter, in February of 2001, the petitioner was hired by Christine Burns in connection with a home remodeling project. When the petitioner failed to complete the project, Burns filed a complaint with the department. The department investigated the complaint, and the petitioner was subsequently arrested. Following a jury trial in 2002, during which he was represented by attorney Donald Gaudreau, the petitioner was convicted of one count of representing himself falsely as or impersonating a registered home improvement contractor in violation of General Statutes (Rev. to 2001)

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Connecticut Law