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MILLER v. COMMISSIONER OF CORRECTION

(11093)

29 Conn. App. 773 (1992)

LEROY MILLER v. COMMISSIONER OF CORRECTION

Appellate Court of Connecticut.

Decision released December 22, 1992.

Attorney(s) appearing for the Case

Leah Hawley, assistant state's attorney, with whom, on the brief, were Patricia A. Swords and Michael Dearington, state's attorneys, James Turcotte, assistant state's attorney, and Christopher Alexy, deputy assistant state's attorney, for the appellant (respondent).

Temmy Ann Pieszak, assistant public defender, with whom, on the brief, was G. Douglas Nash, public defender, for the appellee (petitioner).

DALY, FOTI and HEIMAN, JS.

HEIMAN, J.

The commissioner of correction (commissioner) appeals from the judgment of the habeas court granting the petitioner's habeas corpus petition and remanding the case to the Superior Court with direction that the petitioner be permitted to withdraw his previously entered plea of guilty. After receiving certification from the habeas court, the commissioner appeals claiming that the remedy ordered by the habeas court was improper and that the proper remedy should...

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