Tatum v. Comm'r of Corr.

343 Conn. 932

276 A.3d 975 (Mem)

Edgar TATUM

v.COMMISSIONER of Correction

Supreme Court of Connecticut.

Decided June 21, 2022

Kara E. Moreau, assigned counsel, and Emily C. Kaas, assigned counsel, in support of the petition.

James A. Killen, senior assistant state's attorney, in opposition.

The petitioner Edgar Tatum's petition for certification to appeal from the Appellate Court, 211 Conn. App. 42, 272 A.3d 218 (2022), is granted, limited to the following issue:

"Did the Appellate Court incorrectly conclude that the habeas court had properly dismissed counts six and seven of the petitioner's operative, amended habeas petition on the ground that State v. Dickson , 322 Conn. 410, 141 A.3d 810 (2016), cert. denied, ––– U.S. ––––, 137 S. Ct. 2263, 198 L. Ed. 2d 713 (2017), and State v. Guilbert , 306 Conn. 218, 49 A.3d 705 (2012), both of which overruled this court's rationale and holding regarding in-court identifications in the petitioner's direct appeal; see State v. Tatum , 219 Conn. 721, 595 A.2d 322 (1991) ; did not apply retroactively to the petitioner's case on collateral review?"

ALEXANDER, J., did not participate in the consideration of or decision on this petition.