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IOVIENO v. COMMISSIONER OF CORRECTION

(SC 15411)

242 Conn. 689 (1997)

MICHAEL IOVIENO v. COMMISSIONER OF CORRECTION

Supreme Court of Connecticut.

Officially released August 26, 1997.

Attorney(s) appearing for the Case

Christopher C. Sheehan, assistant public defender, for the appellant (petitioner).

Mary H. Lesser, assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Christopher Alexy, assistant state's attorney, for the appellee (respondent).

Callahan, C. J., and Borden, Berdon, Norcott, Katz, Palmer and McDonald, Js.

Opinion

BERDON, J.

The dispositive issues in this certified appeal are: (1) whether the ten day limitation period applicable to petitions for certification to appeal from judgments in habeas corpus proceedings, set forth in General Statutes § 52-470 (b),2 implicates a habeas court's subject matter jurisdiction so as to deprive it of authority to grant an untimely filed petition; and (2) whether the failure to file...

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