Nims v. Commissioner of Correction
Annotate this Case
Download PDF
****************************************************** 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. ****************************************************** ALPHA W. NIMS v. COMMISSIONER OF CORRECTION (AC 26508) McLachlan, Lavine and Mihalakos, Js. Argued November 13, 2006 officially released January 16, 2007 (Appeal from Superior Court, judicial district of Tolland, White, J.) David B. Rozwaski, special public defender, for the appellant (petitioner). Frederick W. Fawcett, supervisory assistant state s attorney, with whom, on the brief, were Jonathan C. Benedict, state s attorney, and Gerard P. Eisenman, senior assistant state s attorney, for the appellee (respondent). Opinion PER CURIAM. The petitioner, Alpha W. Nims, filed an amended petition for a writ of habeas corpus on February 10, 2004. After a hearing, the habeas court issued a written memorandum of decision dismissing the amended petition. The petitioner then filed a petition for certification to appeal from the decision, which was denied by the court. This appeal followed. On June 9, 2000, the petitioner was found guilty of (1) murder in violation of General Statutes § 53a-54a (a), (2) conspiracy to commit murder in violation of General Statutes §§ 53a-48 and 53a-54a (a), and (3) unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a). He was sentenced to a total effective term of seventy years incarceration. The petitioner appealed from his conviction, and this court affirmed the judgment. See State v. Nims, 70 Conn. App. 378, 797 A.2d 1174, cert. denied, 261 Conn. 920, 806 A.2d 1056 (2002). In this appeal, the petitioner alleges that his trial counsel was ineffective. Our examination of the record and briefs and our consideration of the arguments of counsel persuade us that the court did not abuse its discretion in denying the petition for certification to appeal. The issues presented are not debatable among jurists of reason, a court could not resolve the issues in a different manner and the questions are not adequate to deserve encouragement to proceed further. See Owens v. Commissioner of Correction, 63 Conn. App. 829, 831, 779 A.2d 165, cert. denied, 258 Conn. 905, 782 A.2d 138 (2001). The appeal is dismissed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
