2011 Connecticut Code
Title 52 Civil Actions
Chapter 915 Habeas Corpus
Sec. 52-470. Summary disposal of the case. Appeal by person convicted of crime.

      Sec. 52-470. Summary disposal of the case. Appeal by person convicted of crime. (a) The court or judge hearing any habeas corpus shall proceed in a summary way to determine the facts and issues of the case, by hearing the testimony and arguments therein, and inquire fully into the cause of imprisonment, and shall thereupon dispose of the case as law and justice require.

      (b) No appeal from the judgment rendered in a habeas corpus proceeding brought by or on behalf of a person who has been convicted of a crime in order to obtain such person's release may be taken unless the appellant, within ten days after the case is decided, petitions the judge before whom the case was tried or, if such judge is unavailable, a judge of the Superior Court designated by the Chief Court Administrator, to certify that a question is involved in the decision which ought to be reviewed by the court having jurisdiction and the judge so certifies.

      (1949 Rev., S. 8206; 1957, P.A. 482; 1967, P.A. 182; P.A. 82-160, S. 171; June Sp. Sess. P.A. 83-29, S. 47, 82; P.A. 02-132, S. 78.)

      History: 1967 act provides for petition by appellant within ten days after case is decided rather than certification by judge within said period; P.A. 82-160 inserted Subsec. indicators and made minor wording change in Subsec. (b); June Sp. Sess. P.A. 83-29 included reference to appellate court and deleted reference to supreme court and substituted the court "having jurisdiction" in lieu thereof in Subsec. (b); P.A. 02-132 amended Subsec. (b) by replacing "a judge of the Supreme Court or Appellate Court" with "if such judge is unavailable, a judge of the Superior Court designated by the Chief Court Administrator" and making technical changes.

      The judgment may be reversed on error. 33 C. 328. Applicant may demur to the return, deny it or confess and avoid its effect. 67 C. 358. Cited. 111 C. 251. Cited. 151 C. 746. Cited. 153 C. 75; Id., 673. "In a summary way" construed. 117 C. 265. Constitutionality of out-of-state conviction and punishment not proper subjects for review in Connecticut upon a writ of habeas corpus. 146 C. 509. Where defendant had been represented by a special public defender who failed to proceed with his appeal on grounds that he could not do so conscientiously and court denied his motion for appointment of other counsel, his rights have been violated under equal protection clause of fourteenth amendment to the Constitution of the United States and there was no error in habeas corpus proceeding directing that he be discharged from prison unless, at his further request, counsel is appointed and necessary extensions of time to perfect the appeal are granted. 152 C. 504- 507. In latter case, plaintiff cannot demand that other counsel be appointed if new counsel also concludes that there is no substantial error which he can assign on appeal. Id., 505. Where on habeas corpus it has been properly determined that a right of appeal required by the federal constitution has been denied, any rule restricting an appeal because of lapse of time is inapplicable. Id., 508. Petitioner may collaterally raise federal constitutional claims in habeas corpus proceeding even though he has failed to appeal his federal constitutional claims if he alleges and proves that he did not deliberately bypass direct appeal. 154 C. 363. Review allowed where plaintiff claimed conviction based on unlawfully obtained evidence and incriminating statements. Plaintiff permitted to pursue appeal in forma pauperis. 155 C. 316. Cited. 156 C. 341. Mere occurrence of constitutional violation is not sufficient to render plea of guilty involuntary and subject to nullification in habeas corpus proceeding. Court's finding that plaintiff voluntarily pleaded guilty because his photograph was taken and his companion informed and not because his room had been illegally searched was supported by the record. 157 C. 143. Cited. Id., 400. Where there is complete lack of merit to plaintiff's claim, case should not be certified for review. 158 C. 45. Appellee's direct challenge to late filing of appeal can only be made pursuant to section 697 of practice book within ten days from time of filing appeal and may not be effectively challenged by motion to dismiss for lack of jurisdiction. 158 C. 486. Cited. 159 C. 150. Cited. 161 C. 337. Plaintiff's petition for certification of an appeal to the Connecticut Supreme Court denied. 168 C. 254. Cited. 170 C. 121. Cited. 178 C. 207. Section serves only to delineate the proper scope of a hearing if one is legally required; does not address whether a hearing is, in the first instance, legally required. 180 C. 153. Cited. 187 C. 109. Writ of error, not habeas corpus, is appropriate method to review a summary, criminal contempt citation. 189 C. 663. Cited. 191 C. 142. Cited. 194 C. 510. Habeas court has no discretion to consider untimely petition for certification to appeal. 222 C. 254; judgment overruled and reversed to extent stated, see 242 C. 689 and 242 C. 723. Cited. 226 C. 757. Cited. 229 C. 178; Id., 397. Cited. 230 C. 608. Cited. 234 C. 139. Cited. 242 C. 689; Id., 723.

      Cited. 10 CA 520. Cited. 23 CA 559. Cited. 29 CA 274. Cited. 36 CA 695. Cited. 39 CA 473. Cited. 46 CA 486.

      Does not preclude any right of appeal. 15 CS 274. Right of indigent accused to appeal to state supreme court cannot be defeated by time limitations if he was deprived of federal constitutional right at his trial. 28 CS 464. Cited. 42 CS 371.

      Subsec. (a):

      Cited erroneously as Sec. 54-470(a). 229 C. 397. Cited. 230 C. 88. Section required defendant be granted specific performance of plea agreement. Judgment of appellate court in Melley v. Commissioner of Correction, 35 CA 374, reversed. 235 C. 413.

      Cited. 29 CA 162; judgment reversed, see 229 C. 397. Cited. 39 CA 485. Cited. 41 CA 515. Cited. 42 CA 17. Cited. 46 CA 689. Habeas court abused its discretion when it denied petition for writ of habeas corpus without holding an evidentiary hearing for petitioner, even though she had finished serving her sentence. 110 CA 134.

      Subsec. (b):

      Cited. 193 C. 439. Cited. 200 C. 553. Cited. 213 C. 38; Id., 97. Cited. 218 C. 479. Cited. 222 C. 87. Cited. 223 C. 180; Id., 411. Cited. 227 C. 124; Id., 147. Cited. 229 C. 193. Cited. 235 C. 82. Cited. 240 C. 708. Ten-day limitation on filing for certification to appeal from judgment does not implicate subject matter jurisdiction; judgment of appellate court reversed in Iovieno v. Commissioner of Correction, 222 C. 254, to the extent it conflicts with this decision, overruled. 242 C. 689. Judgment of appellate court reversed in accordance with decision in Iovieno v. Commissioner of Correction, 242 C. 689. Id., 723. In absence of demonstrable prejudice, legislature did not intend terms of the habeas court's grant of certification to be limitation on specific issues subject to appellate review. 245 C. 132.

      Cited. 5 CA 277. Cited. 6 CA 518. Cited. 12 CA 343. Cited. 19 CA 686. Cited. 23 CA 63; judgment reversed and case remanded to appellate court with direction to remand the matter to superior court with direction to render judgment granting writ of habeas corpus and ordering new trial for petitioner, see 220 C. 112. Cited. 26 CA 48. Cited. 28 CA 195. Cited. 31 CA 771; judgment reversed, see 230 C. 88. Cited. 33 CA 902. Cited. 35 CA 762. Cited. 40 CA 553. Cited. 42 CA 17. Cited. 43 CA 374; Id., 698. Subsection intended to discourage frivolous habeas appeals. 61 CA 350. Petitioner's claim that the habeas court abused its discretion in denying a petition for certification to appeal must be predicated on an issue that was an underlying claim in the habeas petition. 68 CA 1.

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