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EDDIE RODRIGUEZ v. COMMISSIONER OF CORRECTION (AC 31539)
Lavine, Robinson and Peters, Js. Argued May 31--officially released September 13, 2011

(Appeal from Superior Court, judicial district of Tolland, Nazzaro, J.) April E. Brodeur, special public defender, for the

appellant (petitioner). Timothy J. Sugrue, assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and David Clifton, deputy assistant state's attorney, for the appellee (respondent).

Opinion

ROBINSON, J. The petitioner, Eddie Rodriguez, appeals following the habeas court's denial of his petition for certification to appeal from the judgment denying his second amended petition for a writ of habeas corpus.1 On appeal, the petitioner claims that the court abused its discretion in denying his petition for certification to appeal and improperly rejected his claim that his trial counsel rendered ineffective assistance due to an actual conflict of interest. We agree that the court abused its discretion in denying certification to appeal; nevertheless, we conclude that the court properly determined that the petitioner had failed to prove that his trial counsel rendered ineffective assistance. Accordingly, we affirm the judgment of the habeas court.2 The record reveals the following relevant facts and procedural history. In connection with an incident involving the petitioner's estranged girlfriend, which occurred in October, 1990, the petitioner was charged with burglary in the first degree in violation of General Statutes

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Connecticut Law