SC20553 - Kelsey v.
Commissioner of Correction (Statutory presumption that a successive petition for a writ
of habeas beyond statutory time limits is unreasonable delay; § 52-470 (d) and
(e); “The petitioner, Eric Thomas Kelsey, appeals, upon our grant of his
petition for certification, from the judgment of the Appellate Court affirming
the judgment of the habeas court, which dismissed his second petition for a
writ of habeas corpus following its determination that the petitioner had
failed to establish good cause for the delayed filing of that second petition.
See Kelsey v. Commissioner of Correction, 202 Conn. App. 21, 43–44, 244
A.3d 171 (2020). On appeal, the petitioner claims that the Appellate Court
improperly (1) reviewed the habeas court’s dismissal of his second petition
pursuant to § 52-470 (e) under the abuse of discretion standard, and (2)
concluded that the habeas court correctly determined that the petitioner had
failed to establish good cause for the untimely filing of his second petition.
We disagree with both claims and, accordingly, affirm the judgment of the
Appellate Court.”)