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McCARTHY v. COMMISSIONER OF CORRECTION

(AC 23665)

82 Conn. App. 480 (2004)

AEDAN McCARTHY v. COMMISSIONER OF CORRECTION

Court of Appeals of Connecticut.

Officially released April 13, 2004.

Attorney(s) appearing for the Case

Sandra J. Crowell, assistant public defender, for the appellant (petitioner).

James A. Killen, senior assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Linda N. Howe, senior assistant state's attorney, for the appellee (respondent).

Schaller, Bishop and McLachlan, JS.

Opinion

McLACHLAN, J.

The petitioner, Aedan McCarthy, appeals from the judgment of the habeas court dismissing his second amended petition for a writ of habeas corpus. The petitioner's sole claim on appeal is that the court improperly dismissed his petition on the ground that it lacked subject matter jurisdiction after concluding that he did not satisfy the "in custody" requirement of General Statutes § 52-466. On the basis of the reasoning set...

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