SC20558 - Rose v. Commissioner of Correction (“This certified appeal requires us to examine the proper
application …that good cause excused the delayed filing of his habeas petition
because his former attorney, Anthony A. Wallace, had advised him to withdraw a
prior timely filed habeas petition but had failed to advise him of the need to
refile a new petition within the time constraints imposed by § 52-470 (c). The
habeas court rejected the petitioner’s claim and dismissed his petition as
untimely on the ground that Attorney Wallace had advised the petitioner to
‘withdraw but [to] do it now,’ and the
petitioner had failed to offer a ‘reason, impediment, or excuse’ for the
delayed filing of a subsequent petition. (Emphasis in original.) The Appellate
Court affirmed the judgment of the habeas court.")