FOOTE v. COMMISSIONER OF CORRECTION

No. 31008.

8 A.3d 524 (2010)

125 Conn.App. 296

Stanley FOOTE v. COMMISSIONER OF CORRECTION.

Appellate Court of Connecticut.

Decided November 30, 2010.


Attorney(s) appearing for the Case

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

Raheem L. Mullins , assistant state's attorney, with whom, on the brief, were Matthew C. Gedansky , state's attorney, and Angela R. Macchiarulo , senior assistant state's attorney, for the appellee (respondent).

DiPENTIMA, C.J., and HARPER and SCHALLER, Js.


DiPENTIMA, C.J.

The dispositive issue in this appeal is whether the petitioner's continued silence after the expiration of the 120 day statutory deadline for the rendering of judgment effected a waiver of the requirement imposed by General Statutes § 51-183b. In his appeal from the denial of his petition for a writ of habeas corpus, the petitioner, Stanley Foote, claims that the habeas court abused its discretion when it denied his motion to set aside the judgment...

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