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 notifying the petitioner or counsel and providing an opportunity to submit a brief or written response. A full hearing or oral argument is discretionary rather than mandatory. Because the habeas court had not first determined whether the petition should be rejected under the initial screening procedure in Practice Book § 23-24, the court reversed and remanded for further proceedings.