Bosque v. Commissioner of Correction

Summary

The dissent disagrees with the majority's conclusion that an uncertified habeas appeal may include unpreserved challenges to the habeas court's handling of the proceeding when those claims are merely nonfrivolous. It would interpret the certification statute as barring appellate review of such claims when the petitioner failed to raise them before the habeas court before or during the certification process. The dissenting opinion was authored by the Chief Justice and joined by Justice Mullins.