Nabil Kaddah v. Commissioner of Correction

Summary

The court dismissed the appeal from the habeas court's denial of certification because, regardless of whether the petition was successive or required prior notice and an opportunity to be heard, its allegations could not support reinstatement of the withdrawn appeal. Reinstatement required allegations and proof that a constitutional violation impaired the petitioner's right to appeal, but the petition alleged only ineffective assistance by attorneys who did not represent him in the withdrawn appeal. The court therefore affirmed the result on an alternate ground without deciding the petitioner's successive-petition and due-process claims.