Brown v. Commissioner of Correction

Summary

The court held that a habeas court may not dismiss a petition on its own motion under Practice Book § 23-29 without first giving the petitioner or counsel notice of the proposed dismissal and an opportunity to respond in writing. A full oral hearing is not required, although the court may allow one in its discretion. Because the habeas court dismissed the petition without these safeguards and without first determining whether the writ should be declined under § 23-24, the court reversed and remanded for further proceedings.