Goguen v. Commissioner of Correction

Summary

The court affirmed dismissal of the petitioner’s appeal because, after certification to appeal was denied, he neither alleged nor explained that the habeas court had abused its discretion in denying certification. It held that a petitioner must make that threshold allegation even when self-represented, although the allegation may expressly incorporate the merits argument. The court also concluded that the petitioner was not in custody on the expired conviction merely because it supported a later conviction or imposed a sex-offender registration obligation, and directed revision of the Judicial Branch’s habeas appeal notice form.