Gilchrist v. Commissioner of Correction

Summary

The court held that a habeas court must conduct its preliminary review under Practice Book § 23-24 before the habeas action begins and may not dismiss the petition under § 23-29 before issuing the writ. Because the petition was facially jurisdictionally defective, the proper disposition was to decline to issue the writ under § 23-24, and the petitioner was not entitled to appointment of counsel, notice, or a hearing at that preliminary stage.