Banks v. Commissioner of Correction

Summary

The court held that the certification requirement for habeas appeals does not categorically bar plain-error or constitutional review of claims first raised on appeal when those claims challenge the habeas court's handling of the habeas proceeding itself. Such claims remain reviewable if the appellant shows that they are nonfrivolous under the applicable criteria. The court reversed and remanded because the Appellate Court failed to determine whether the petitioner's unpreserved claims satisfied that threshold.