Habeas Decision2017-01-04T17:16:33+00:00

Habeas Decision

General Statutes § 52-470(a) states that “[t]he court or judge hearing any habeas corpus shall proceed in a summary way to determine the facts and issues of the case, by hearing the testimony and arguments in the case, and shall inquire fully into the cause of imprisonment and thereupon dispose of the case as law and justice require.” See James L. v. Commissioner, 245 Conn. 132, 148 (1998)(“A habeas court must fashion a remedy appropriate to the constitutional right it seeks to vindicate.”); Gaines v. Manson, 194 Conn. 510, 516 (1984)(“In the adjudication of petitions for habeas corpus, the remedies available to a court depend upon the constitutional rights that are being vindicated.”); see also Practice Book § 23-34 Habeas Corpus—Summary Procedures for Habeas Corpus Petitions and § 23-37 Habeas Corpus—Summary Judgment.

The habeas court must “render judgment not later than one hundred and twenty days from the completion date of the trial….” General Statutes § 51-183b. However, “[t]he parties may waive the provisions of this section.” Id.; see also Foote v. Commissioner, 125 Conn. App. 296 (2010) . If the judgment gets rendered beyond the 120-day statutory deadline and the parties have not waived the deadline or consented to the late filing, the petitioner can move to set aside the judgment, seeking a new habeas trial as a remedy. See Foote v. Commissioner, 125 Conn. App. at 297-98, 307.

The habeas court has the authority, under General Statutes § 52-493, to issue any interlocutory or final order that may appear to be an appropriate form of relief for the claims raised in the petition.