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Habeas Supreme Court Opinion

by Townsend, Karen


SC19830 - Nelson v. Commissioner of Correction (Claim of ineffective assistance; "The respondent, the Commissioner of Correction, moved to dismiss the action pursuant to Practice Book § 23-29 (5), based on the terms of a stipulated judgment, filed by the petitioner and the respondent in connection with a previous habeas action concerning the same two trials, that barred the petitioner from filing any further such actions pertaining to those trials. The habeas court granted that motion, and the petitioner appeals, claiming that he did not knowingly and voluntarily enter into the stipulated judgment and, therefore, that the habeas court improperly granted the respondent’s motion to dismiss. We conclude that the petitioner did not properly raise his challenge to the enforceability of the stipulated judgment in the habeas court and, further, that the stipulated judgment was a legally sufficient ground for dismissal of the present habeas action. We therefore affirm the judgment of the habeas court.")