Cookish v. Commissioner of Correction

Summary

The court held that the habeas court correctly recognized that it lacked subject matter jurisdiction because the petitioner was no longer in custody for the challenged conviction, but used the wrong procedural mechanism by dismissing the petition rather than declining to issue the writ. The petitioner was not entitled to counsel, notice, or a hearing because the writ had not issued, and plain-error review did not warrant reversal. The court also rejected treating the petition as coram nobis because it was filed decades beyond the applicable three-year limitation period.