OLIPHANT v. COMMISSIONER OF CORRECTION

No. 17225.

877 A.2d 761 (2005)

274 Conn. 563

Anthony W. OLIPHANT v. COMMISSIONER OF CORRECTION.

Supreme Court of Connecticut.

Decided July 26, 2005.


Attorney(s) appearing for the Case

Christopher M. Neary, deputy assistant public defender, with whom was 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 Howe, senior assistant state's attorney, for the appellee (respondent).

SULLIVAN, C.J., and BORDEN, KATZ, PALMER and ZARELLA, Js.


SULLIVAN, C.J.

Following our grant of certification,1 the petitioner, Anthony W. Oliphant, appeals from the judgment of the Appellate Court affirming the habeas court's sua sponte dismissal of his petition for a writ of habeas corpus. The petitioner's principal claim is that the Appellate Court improperly concluded that the habeas court lacked subject matter jurisdiction over his petition because he was not in "custody" within the meaning...

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