Kelsey v. Commissioner of Correction

Summary

The court held that appellate review of a habeas court’s determination of good cause for an untimely successive habeas petition is for abuse of discretion, not plenary review. Applying that standard, it upheld dismissal because the petitioner did not show that circumstances beyond his or his counsel’s control caused the delay, particularly given his access to legal resources before the deadline and his filing more than two years late.