Kenneth Richardson v. Commissioner of Correction

Summary

The court affirmed dismissal of the petition because habeas jurisdiction requires custody under the specific conviction being challenged when the petition is filed, and the petitioner was not in custody under his expired state conviction. The collateral use of that conviction to enhance his federal sentence did not satisfy the custody requirement, and the court declined to reconsider its established rule. The court also declined to review the unpreserved claim that the petition should have been construed as a petition for a writ of error coram nobis.