Goguen v. Commissioner of Correction
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The Supreme Court denied Petitioner's petition for certification to appeal the appellate court's dismissal of his appeal from the judgment of the habeas court declining to issue a writ of habeas corpus, holding that the habeas court did not abuse its discretion in denying certification to appeal.
Petitioner filed a petition for a writ of habeas corpus challenging his conviction of sexual assault in the second degree. The habeas court declined to issue the writ on the ground that Petitioner was not in the custody of the Commissioner of Correction. Thereafter, Petitioner filed a petition for certification to appeal, which the habeas court denied. The appellate court dismissed Petitioner's appeal on the ground that he failed in his appellate court brief to brief the claim that the habeas court had abused its discretion in denying his petition for certification to appeal. The Supreme Court affirmed, holding that a petition must at least expressly allege and explain in his brief how the habeas court abused its discretion in denying certification.
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