Supreme Court of Connecticut

Stephen D. Nelson v. Commissioner of Correction

September 19, 2017326 Conn. 772

Summary

The court affirmed dismissal of Nelson's habeas petition because a prior stipulated judgment expressly foreclosed further civil challenges to the convictions and constituted a legally sufficient ground for dismissal. Nelson could not rely on allegations first presented in a memorandum opposing dismissal because those allegations were not included in the habeas petition, and he had an opportunity to amend before the return was filed. The court further held that habeas rights may be waived through a knowing, voluntary, and intelligent agreement, while distinguishing a prior case involving an uncertain waiver record.