Nabeel Kaddah v. Commissioner of Correction

Summary

The court held that a third habeas petition may be used to vindicate an indigent petitioner's statutory right to competent appointed counsel in a second habeas proceeding. Applying principles of fundamental fairness and the reasoning supporting habeas review of ineffective assistance in an earlier habeas proceeding, the court concluded that the third petition stated a cognizable claim despite concerns about repetitive litigation and finality. The judgment was reversed as to the challenged counts and remanded for further proceedings.