Hobby v. Commissioner of Correction

Syllabus

The petitioner, who had been convicted of various crimes, including sexual assault in the first degree, appealed, on the granting of certification, from the habeas court's judgment dismissing his petition for a writ of habeas corpus as untimely pursuant to statute (§ 52-470). The petitioner claimed, inter alia, that the court improperly concluded that he failed to establish good cause under § 52-470 (e) to overcome the presumption of unreasonable delay in the filing of his third habeas petition. Held: The habeas court properly dismissed the petitioner's habeas petition, as the court did not abuse its discretion in finding that the petitioner had failed to establish good cause for his untimely filing, the court having declined to credit the petitioner's unsupported testimony that his counsel in two prior habeas actions the petitioner had withdrawn failed to advise him about the deadlines for refiling set forth in § 52-470 (d). Argued March 19—officially released April 21, 2026