Boria v. Commissioner of Correction

Summary

The court reversed the Appellate Court's affirmance of the sua sponte dismissal of a successive habeas petition because the habeas court dismissed under Practice Book § 23-29 without first determining whether the writ should issue and without giving the petitioner notice and an opportunity to respond. The case was remanded for the habeas court to apply the criteria governing issuance of the writ and, if it 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 additionally require an opportunity for an oral hearing before dismissal.