D'Amico v. Reincke

In 1958, the plaintiff was arrested pursuant to a Superior Court bench warrant issued on an application unsupported by oath or affirmation. Thereafter, he was presented in the Superior Court and pleaded not guilty to a charge of breaking and entering with criminal intent and, following a court trial, was convicted, sentenced to, and imprisoned in the Connecticut reformatory. In 1960, he was again presented in Superior Court and pleaded guilty to a count of breaking and entering with criminal intent and to a count charging him with being a second offender. He was sentenced to the state prison, where he is now confined. In May, 1965, he brought this petition for habeas corpus, acting pro se. The writ issued, and counsel was appointed to represent him. The petition alleged the imprisonment to be illegal and in violation of the fourth, sixth, and fourteenth amendments to the constitution of the United States and of article first, 8, of the Connecticut constitution (now Connecticut constitution, 1965, article first, 7). The claim is that the arrest prior to the 1958 conviction was illegal, that, therefore, that conviction cannot stand, and that consequently he was improperly convicted as a second offender in 1960.