Legal Opinion
Hickey v. Commissioner of Correction
Connecticut Appellate Court
Decided March 16, 2004No. AC 23561PublishedCited by 10 opinions
1Opinion of the Court
Opinion
DRANGINIS, J.
The issue in this habeas corpus appeal is whether the petitioner, who is incarcerated in another state, is in the custody of the respondent commissioner of correction (commissioner) with respect to the unserved portion of a 1991 Connecticut sentence. Because the petitioner is an alleged parole escapee and the state has not lodged a detainer for his return to this state when he completes his out-of-state sentence, we conclude that he is not in the custody of the commissioner and that the habeas court lacked subject matter jurisdiction over the petition for a writ of habeas…
2Cases cited31 opinions
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Maleng v. CookSupreme Court of the United States · 1989
- Moody v. DaggettSupreme Court of the United States · 1976
- Peyton v. RoweSupreme Court of the United States · 1968
- Walker v. JohnstonSupreme Court of the United States · 1941
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3Cited by10 opinions
- Young v. Commissioner of CorrectionConnecticut Appellate Court · 2007
- Schwartz v. MilazzoConnecticut Appellate Court · 2004
- Fernandez v. Commissioner of CorrectionConnecticut Appellate Court · 2012
- Taylor v. Commissioner of CorrectionConnecticut Appellate Court · 2010
- People v. FoyCalifornia Court of Appeal · 2016
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