Goguen v. Commissioner of Correction

Citations

• 195 Conn. App. 502

Syllabus

The petitioner, who had been convicted on a plea of guilty of the crime of sexual assault in the second degree, sought a writ of habeas corpus, claiming that he did not voluntarily enter his guilty plea and that he received ineffective assistance of counsel in connection with his guilty plea. Pursuant to the applicable rule of practice (§ 23-24 [a]), the habeas court declined to issue the writ because, at the time of filing, the peti- tioner was not in the custody of the respondent, the Commissioner of Correction. Thereafter, the court denied the petition for certification to appeal, and the petitioner appealed to this court. Held that because the petitioner failed to address the threshold question of whether the habeas court abused its discretion in denying his petition for certification to appeal, he was not entitled to appellate review and this court declined to review his claims on appeal. Argued December 10, 2019—officially released January 28, 2020