What is custody in habeas corpus? How is the venue for a habeas corpus case determined? You can find out on this page. For more information on other elements of Connecticut habeas corpus petitions, check out the other pages in this section.
A necessary element of a habeas petition is that, at the time the petition is filed, the petitioner is in custody pursuant to the judgment under attack. See General Statutes § 52-466. Custody, once established, is not eviscerated by the expiration of the petitioner’s incarceration, parole or probation. See Barlow v. Lopes, 201 Conn. 103, 105 n.2 (1986)(custody “‘survives [the petitioner’s] release from incarceration and parole’” (quoting Herbert v. Manson, 199 Conn. 143, 143-44 n.1 (1986))); see also Smith v. Commissioner , 65 Conn. App. 172, 176 (2001).
“It is clear that a petition for writ of habeas corpus, if filed while the petitioner is in custody, is not rendered moot by the expiration of the petitioner’s sentence”; Haynes v. Bronson, 13 Conn. App. 708, 710 (1988)(“The petitioner was in custody at the time he filed his petition for habeas corpus. The expiration of his sentence prior to the decision of the [habeas court] did not render his claims moot”). Absent custody, the petition is subject to dismissal for lack of subject matter jurisdiction. Custody, thus, must get alleged in the petition.
Custody for habeas corpus purposes is also discussed in Ajadi v. Commissioner, 280 Conn. 514, 539 n.26 (2006); Oliphant v. Commissioner, 274 Conn. 563 (2005); Lebron v. Commissioner, 82 Conn. App. 475 (2004), aff’d, 274 Conn. 507 (2005), and Ford v. Commissioner, 59 Conn. App. 823 (2000).
If the petitioner is an alien who is subject to a final deportation order, the petitioner is in custody for habeas corpus purposes if he or she has not yet been deported under the order. See Simmonds v. I.N.S., 326 F.3d 351, 356 (2nd Cir. 2003); Aguilera v. Kirkpatrick, 241 F.3d 1286, 1291 (10th Cir. 2001); Mustata v. U.S. Dept. of Justice, 179 F.3d 1017, 1021 n.4 1999 FED App. 0221P (6th Cir. 1999).
However, if he or she has been deported pursuant to the order, custody for habeas corpus purposes is not established. See Merlan v. Holder, 667 F.3d 538 (5 th Cir. 2011); Kumarasamy v. Attorney General of U.S., 453 F.3d 169, 173 (3d Cir. 2006), as amended (Aug. 4, 2006); Patel v. U.S. Atty. Gen., 334 F.3d 1259, 1263 (11th Cir. 2003); Miranda v. Reno, 238 F.3d 1156, 1159 (9th Cir. 2001). See infra T. RESPONDENT’S DEFENSES 3. Mootness.
In Wilson v. Flaherty, 689 F.3d 332, 333 (4th Cir. 2012), the Fourth Circuit held that sex offender registration does not constitute custody for federal habeas corpus purposes. Whether such registration constitutes custody for state habeas corpus purposes has not been litigated in the Connecticut Appellate Court or Connecticut Supreme Court.
Venue in Habeas Cases
The venue for a habeas petition gets determined according to General Statutes § 52- 466. Subsection (a)(1) provides that “[a]n application for a writ of habeas corpus, other than an application pursuant to subdivision. (2) of this subsection, shall go to the superior court, or to a judge thereof, for the judicial district in which the person whose custody is in question is claimed to be illegally confined or deprived of such person’s liberty.” Subsection (a)(2) states that “[a]n application for a writ of habeas corpus claiming illegal confinement or deprivation of liberty, made by or on behalf of an inmate or prisoner confined in a correctional facility as a result of a conviction of a crime, shall get made to the superior court, or to a judge thereof, for the judicial district of Tolland.” The statute gets effectuated by Practice Book §§ 23-27 and 23-28.
When venue for the Judicial District of Tolland exists, the petition and all subsequent pleadings should get filed at the Superior Court, 20 Park Street, Rockville, CT 06066.
If you have additional questions about venues for a habeas petition, please contact us. We can answer your questions and help you throughout this process. For more information, set up your free consultation today. You can come into our office to meet with us or schedule a phone meeting.
Statute of Limitations
The statute of limitations for a habeas petition is contained in General Statutes 52-470(c)(d)(e)(f). Counsel must consult the statute when identifying, developing and drafting the habeas claims. Counsel is also urged to familiarize himself or herself with the one-year time limitation that governs federal habeas corpus petitions. See 28 U.S.C. 2244(d)(1)(one-year statute of limitation).