Free Motion for Certificate of Appealability - District Court of Connecticut - Connecticut

Case 3:03-cv—00655-PCD Document 46 Filed 06/13/2006 Page 1 of 3
UNITED STATES COURT OF APPEALS I ll
FOR THE SECOND CIRCUIT p- E jj fi: Eb
DAVID JOYCE, : p __ __
Appellant, : "‘ ’I A I
v. :
THERESA LANTZ, COMMISSIONER : Civil No: 3:03-CV-655 (PCD)
OF CONNECTICUT DEPARTMENT
OF CORRECTION, AND HECTOR :
RODRIGUEZ, WARDEN CHESI-IIRE
CORRECTIONAL INSTITUTION :
Appellees :
APPLICATION
On May 17, 2006, this court entered its order denying the application of DAVID JOYCE,
the petitioner, for a writ of habeas corpus. So that petitioner may appeal to the United States
Court of Appeals for the Second Circuit, petitioner respectfully requests the court to issue a
certificate of appealability as required by 28 U.S.C. § 2253, and Rule 22(b) of the Federal Rules
of Appellate Procedure.
Petitioner requests permission to appeal the following issues:
(I) Whether petitioner was denied his fundamental right under the Sixth and Fourteenth
Amendments to the U.S. Constitution to present a defense by confronting the state’s lead
witness, Sergeant Glen Prentice of the Bridgeport Police Department, with evidence of bias
arising from the conviction of a police officer in Prentice’s unit for wrongfully beating petitioner
in a previous incident, and if so, whether the violation of petitioner’s constitutional rights was
indeed harmless beyond a reasonable doubt; and

Case 3:03-cv—00655-PCD Document 46 Filed 06/13/2006 Page 2 ot 3
(2) Whether petitioner was deprived of his fundamental right under the Sixth and Fourteenth
Amendments to the U.S. Constitution to the effective assistance of counsel where his trial
attorney failed to offer the investigation and findings of the Internal Affairs Division of the
Bridgeport Police Department, which revealed that Prentice’s immediate subordinate in the
investigation, Det. John Kennedy, had himself been charged with attempting to cover up the
previous incident in which the petitioner was wrongfully beaten by a police officer.
WHEREF ORE, petitioner requests permission to appeal in accordance with 28 U.S.C. §
2253.
Dated: June 13,2006 A
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By: Ca www U U `
Bichard L. Grant, Esq.
36 Tamarack Ave. PMB #213
Danbury, CT 06811
Tel: (203) 778-8075
Fax: (203) 964-9509
Federal Court #: CT20708

Case 3:03-cv—00655-PCD Document 46 Filed 06/13/2006 Page 3 of 3
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing NOTICE OF APPEAL was served via
regular first class mail on all counsel and pro se parties of record on t0day’s date, as follows:
Jo Anne Sulik
Appellate Bureau
Chief State’s Attorney’s Office
300 Corporate Place
Rocky Hill, CT 06067
Te. (860) 258-5800
Attorney for the Respondent Theresa C. Lantz
Carolyn K. Longstreth
Appellate Bureau
Chief State’s Attorney’s Office
300 Corporate Place
Rocky Hill, CT 06067
Te. (860) 258-5800
Attorney for the Respondent Hector Rodriguez
David L. Joyce #92272
MacDougall-Walker Correctional Institution
1153 East Street South F/7
SLlflliCld, CT 06080 I/X `
, @6 O _... l
Ric ard L. Grant