Riccio v. Commissioner of Correction

Citations

• 235 Conn. App. 431

Syllabus

The petitioner, who had previously been convicted of, inter alia, violation of a protective order, appealed, on the granting of certification, from the habeas court's judgment dismissing his petition for a writ of habeas corpus. He claimed that the court erred by dismissing his petition for lack of subject matter jurisdiction on the ground that he was not in custody while on conditional discharge pursuant to the statute (§ 52-466) governing applica- tions for writs of habeas corpus. Held: The habeas court improperly determined that it lacked jurisdiction over the petition for a writ of habeas corpus, as the petitioner was in custody while on conditional discharge within the meaning of § 52-466, regardless of the conditions of discharge, because such an individual is subject to incarcera- tion without the procedural safeguards enjoyed by members of the public, and that exposure, in itself, constitutes a severe restraint on an individu- al's liberty. Argued March 18—officially released September 30, 2025