Supreme Court of Connecticut
Boria v. Commissioner of Correction
October 4, 2022345 Conn. 39
Summary
The court reversed the Appellate Court because the habeas court dismissed the successive petition sua sponte under Practice Book § 23-29 without first providing notice and an opportunity to respond. It remanded for the habeas court to determine whether the writ should issue under Practice Book § 23-24 and, if the court later dismisses under § 23-29, to provide prior notice and an opportunity to submit a brief or written response. Justice McDonald, concurring in the judgment, would also require an opportunity for an oral hearing before dismissal.