Cookish v. Commissioner of Correction
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The Supreme Court reversed the judgment of the habeas court denying Petitioner's petition for certification to appeal from the dismissal of his petition for a writ of habeas corpus, holding that the habeas court should have declined to issue the writ pursuant to Practice Book 23-24 rather than dismissing the case pursuant to Practice Book 23-29.
Acting sua sponte and without providing Petitioner with notice or a hearing, the habeas court dismissed Petitioner's habeas petition pursuant to section 23-29 for lack of jurisdiction on the grounds that Petitioner was not in custody for the conviction being challenged. The Supreme Court reversed, holding (1) the habeas court correctly determined that it lacked subject matter jurisdiction because Petitioner was not in custody for the challenged conviction; but (2) the dismissal of the petition pursuant to Practice Book 23-29 was error.
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