AC45984 - Clue v.
Commissioner of Correction (“On appeal, the petitioner claims that the court improperly
concluded that its equitable authority to open the judgment outside of the four
month period set forth in General Statutes § 52-212a was limited to cases in
which the judgment was obtained by fraud, duress, or mutual mistake. We agree
and conclude that, in the context of a habeas corpus case, the court has the
authority to consider an otherwise untimely motion to open that is based on the
ineffective assistance of habeas counsel. Accordingly, we reverse the judgment
of the habeas court and remand the case for a new hearing on the petitioner’s
motion to open.”)