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CUPE v. COMMISSIONER OF CORRECTION

(AC 21391)

68 Conn. App. 262 (2002)

DWIGHT CUPE v. COMMISSIONER OF CORRECTION

Appellate Court of Connecticut.

Officially Released February 19, 2002.

Attorney(s) appearing for the Case

Timothy J. Sugrue, senior assistant state's attorney, with whom, on the brief, were Scott J. Murphy, state's attorney, and Jo Anne Sulik, assistant state's attorney, for the appellant (respondent).

Sebastian O. DeSantis, special public defender, for the appellee (petitioner).

Lavery, C. J., and Schaller and Peters, Js.

Opinion

PETERS, J.

The sole issue in this appeal is whether a habeas court has the authority to take any action with respect to issues not raised in the habeas pleadings. Specifically, we must decide whether the habeas court may dismiss a guilty plea to a charge that is not included in the parties' stipulation of issues to be considered by the court. The respondent commissioner of correction appeals from the habeas court's judgment, vacating the petitioner...

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