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FITZGERALD COUNCIL v. COM'R OF CORRECTION

Nos. 18015, 18016.

944 A.2d 340 (2008)

286 Conn. 477

FITZGERALD COUNCIL v. COMMISSIONER OF CORRECTION.

Supreme Court of Connecticut.

Decided April 22, 2008.

Attorney(s) appearing for the Case

Temmy Ann Pieszak, chief of habeas corpus services, for the appellant in Docket No. SC 18015, and the appellee in Docket No. SC 18016 (petitioner).

Erika L. Brookman, special deputy assistant state's attorney, with whom were Michael E. O'Hare, supervisory assistant state's attorney, and, on the brief, John A. Connelly, state's attorney, and Patrick J. Griffin, assistant state's attorney, for the appellee in Docket No. SC 18015, and the appellant in Docket No. SC 18016 (respondent).

KATZ, PALMER, VERTEFEUILLE, ZARELLA and SCHALLER, Js.

ZARELLA, J.

The petitioner, Fitzgerald Council, filed this habeas action, claiming, inter alia, that (1) the trial court deprived him of his due process rights under the fifth and fourteenth amendments to the United States constitution by conditioning his plea agreement on his not being arrested between the date of the plea and the date of sentencing, including arrests that might be beyond the petitioner's power to prevent, and (2) his presentence confinement in one...

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