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HOLCOMB v. COMMISSIONER OF CORRECTION

(13577)

39 Conn. App. 485 (1995)

ERIC HOLCOMB v. COMMISSIONER OF CORRECTION

Appellate Court of Connecticut.

Decision released September 26, 1995.

Attorney(s) appearing for the Case

Beth A. Hogan, with whom, on the brief, was Conrad Ost Seifert, for the appellant (petitioner).

Rita M. Shair, assistant state's attorney, with whom, on the brief, was John T. Redway, state's attorney, for the appellee (respondent).

Landau, Spear and Hennessy, JS.

SPEAR, J.

The dispositive issue in this appeal is whether it was proper for the trial court to grant the respondent's motion for summary judgment on a habeas corpus petition. The petitioner asserts that granting the motion was plain error as the rules of practice do not provide for such a motion in a habeas corpus proceeding. We agree and reverse the judgment of the trial court.

In 1987, the defendant was arrested in Indiana. A lieutenant and a patrolman from...

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