Gentile v. Commissioner of Correction

Citations

• 230 Conn. App. 354

Syllabus

The petitioner, who had been convicted of various crimes, including felony murder, appealed, on the granting of certification, from the judgment of the habeas court dismissing his petition for a writ of habeas corpus as untimely pursuant to statute (§ 52-470). The petitioner claimed, inter alia, that the court erred in concluding that he failed to establish good cause for his late filed petition. Held: The petitioner could not prevail on his claim that the habeas court committed plain error in determining that his habeas petition was untimely, as he did not establish that the court made a patent or readily discernable error and he did not demonstrate a manifest injustice. Pursuant to the Supreme Court's decision in Rose v. Commissioner of Correction (348 Conn. 333), which was issued while this appeal was pending, and which held that ineffective assistance of counsel may constitute an external, objective factor sufficient to establish good cause to excuse the late filing of a habeas petition pursuant to § 52-470, the habeas court did not apply the correct legal standard when deciding whether the petitioner had demonstrated good cause and, therefore, the petitioner was entitled to a new hearing at which the court must apply the proper legal standard with respect to § 52-470 (d) and (e). Argued September 10, 2024—officially released January 28, 2025