Diaz v. Commissioner of Correction

Summary

The court held that the Appellate Court improperly resolved the appeal on an unpreserved waiver issue without giving the parties meaningful notice and an opportunity to address it. Because the waiver issue was dispositive and had not been raised in either lower court, the judgment was reversed. On remand, the Appellate Court retained discretion to decide whether to address waiver or the petitioner's ineffective assistance claim, subject to the governing requirements for sua sponte review.