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MOURNING v. COMMISSIONER OF CORRECTION

No. 30744.

992 A.2d 1169 (2010)

120 Conn.App. 612

Michael MOURNING v. COMMISSIONER OF CORRECTION.

Appellate Court of Connecticut.

Decided April 27, 2010.

Attorney(s) appearing for the Case

Wayne A. Francis, special public defender, for the appellant (petitioner).

Harry Weller, senior assistant state's attorney, with whom, on the brief, were Stephen J. Sedensky III, state's attorney, and Warren C. Murray, supervisory assistant state's attorney, for the appellee (respondent).

BISHOP, DiPENTIMA and TYMA, Js.

TYMA, J.

After the habeas court granted certification to appeal, the petitioner, Michael Mourning, filed this appeal from the judgment of the court dismissing his amended petition for a writ of habeas corpus for lack of subject matter jurisdiction. The petitioner claims on appeal that the court improperly dismissed his petition because the court failed (1) to consider the challenge to his current conviction based on his claim that he was "in custody" for sale of narcotics...

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