Rose v. Commissioner of Correction

Summary

The court held that the habeas court’s rejection of good cause rested on a clearly erroneous finding that prior counsel had advised the petitioner to refile immediately. Because the record showed that counsel advised withdrawal but did not provide a refiling deadline or urgency, the judgment affirming dismissal was reversed and the matter was remanded for a new hearing and good-cause determination. The court also held that ineffective assistance of counsel may constitute an external, objective factor supporting good cause, but it did not decide whether counsel was ineffective here.