Boria v. Commissioner of Correction — concurring

Summary

The concurrence agrees that the Appellate Court's judgment should be reversed and the case remanded so the habeas court can determine whether the writ should issue. It disagrees with the majority's view that written notice and an opportunity to submit a brief would suffice if the petition is later dismissed sua sponte, concluding that the petitioner is also entitled to a hearing as of right. Justice McDonald bases that conclusion on applying ordinary civil-procedure rules to habeas proceedings.