State of Connecticut v. Dwight G. (2012)

MEMORANDUM OF DECISION

By a memorandum of decision dated March 27, 2012, this court ruled on motions filed by the Defendant (who is now an inmate in the custody of the Commissioner of Corrections, and self-represented).   Those motions sought a new trial, and protested an allegedly illegal sentence and the imposition upon him of a requirement of lifetime registration as a sex offender.

On April 18, 2012, Defendant filed two new motions, accompanied by a letter to this court which the court will characterize as a third motion.   By his first April 18 motion, captioned “Motion for Correction of Illegal Sentence,” he claims that the lifetime registration was not part of his plea bargain.   By his second April 18 motion, also captioned “Motion for Correction of Illegal Sentence,” he protests the use at his hearing, in November of 2008, of certain evidence he claims was illegally seized from him in 2007.   Finally, by his letter, he claims that the state's primary witness in the 2008 prosecution had recanted her testimony or that he has proof she testified falsely.

It is obvious that the two motions of April 18 raise the same issues which this court reviewed and ruled upon in the March 27 decision.   Likewise, the letter's claim that the state's witness committed perjury is stale, having been another topic of the March decision.   All that is new to that claim is his attachment of a copy of a 2007 letter in which she apparently undercuts her version as to what occurred between them;  this adds no weight to his claims, because the trial occurred in 2008 and the credibility of the witness should have been tested then rather than by a collateral attack in 2012.

This court concludes that the instant motions are a mere rehashing of the issues previously raised and decided.   The motions of April 18, 2012, including the issues raised by letter of that date, are denied.

Boland, J.

Boland, John D., J.