The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Habeas Law Appellate Court Opinion

by Booth, George

 

AC42384 - Stephen S. v. Commissioner of Correction (Habeas corpus; whether habeas court abused its discretion in rendering judgment declining to issue writ of habeas corpus; "The petitioner, Stephen S., appeals from the judgment of the habeas court declining to issue a writ of habeas corpus pursuant to Practice Book ยง 23-24 (a) (2) because the petition was "wholly frivolous on its face." On appeal, the petitioner claims that the habeas court improperly declined to issue the writ of habeas corpus because the claims raised in his current habeas petition are different from the claims raised in his two prior habeas petitions, and, therefore, his pleading is not wholly frivolous. After the parties submitted their briefs, the respondent, the Commissioner of Correction, citing to Gilchrist v. Commissioner of Correction, 334 Conn. 548, 560, 223 A.3d 368 (2020), conceded that the habeas court erroneously declined to issue the writ and concluded that the matter must be remanded to the habeas court with direction to issue the writ. We agree that a remand to the habeas court is appropriate, and, thus, the judgment is reversed and the case is remanded with direction to issue the writ of habeas corpus.")