James v. Commissioner of Correction
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Conn. Gen. Stat. 18-98d requires that if a person serving a term of imprisonment exercises his constitutional right to pursue a double jeopardy claim on a charge for which the sentence may run concurrently, that person is entitled, in any sentence subsequently imposed, to a reduction based on such presentence confinement in accordance with the provisions of the statute.
The Supreme Court reversed in part the judgment of the habeas court that denied Petitioner’s amended petition for a writ of habeas corpus, which alleged, among other things, that the calculation of his presentence confinement credit was incorrect. The Supreme Court held that interpreting section 18-98d so as to deny Petitioner presentence confinement credit for the time he was pursuing a double jeopardy appeal would render the application of that statute to him unconstitutional.
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