Canales v. Commissioner of Correction

Citations

• 216 Conn. App. 827

Syllabus

The petitioner, who had been convicted of murder, sought a writ of habeas corpus. The respondent, the Commissioner of Correction, filed a request, pursuant to statute (§ 52-470 (c) and (e)), for an order to show cause as to why the petitioner should be permitted to proceed despite her delay in filing her petition. The petitioner filed an objection to the request for an order to show cause in which she admitted that she filed an untimely petition. She alleged, however, that certain factors, including her age, mental illness, her inability to understand postconviction pro- ceedings and her reliance on the assistance of others, impacted the timely filing of her petition. Following a hearing at which the petitioner failed to present any witnesses or offer any exhibits, the habeas court dismissed the petition for a writ of habeas corpus on the ground that it was untimely. Thereafter, the court denied the petition for certification to appeal, and the petitioner appealed to this court. Held that the habeas court did not abuse its discretion in denying the petitioner's petition for certification to appeal following its determination that she had failed to demonstrate good cause to overcome the statutory presumption of unreasonable delay in filing her petition; in the present case, in which she was required to provide some evidence of the reason for the delay, the petitioner failed to provide the habeas court with any information connecting her age, mental illness, lack of knowledge or reliance on others with her failure to timely file her habeas petition and, although she was provided with a meaningful opportunity to rebut the statutory presumption at the show cause hearing, habeas counsel chose not to present witnesses or offer exhibits. Argued September 20—officially released December 6, 2022