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 Appellate Court Opinion

by Townsend, Karen


AC43214 - Felder v. Commissioner of Correction ("On appeal, the petitioner first claims that the habeas court improperly determined that his petition was untimely under § 52- 470 (d) on the ground that it was not filed within the statutorily prescribed time limits, as measured from the date of the final judgment on his prior state court habeas petition, and that a habeas petition he previously had filed in federal court was not a ‘‘prior petition’’ within the meaning of § 52-470 (d) so as to reset the statutorily prescribed time limits to file a subsequent habeas petition challenging the same conviction. Alternatively, the petitioner claims that the habeas court improperly determined that his purported ignorance of the filing deadline set forth in § 52-470 (d) and his belief that he could litigate his federal habeas petition before returning to state court were insufficient to demonstrate good cause within the meaning of § 52-470 (e) to overcome the statutory presumption of unreasonable delay. We disagree with the petitioner and, accordingly, affirm the judgment of the habeas court.")