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


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.”)