McCarthy v. Commissioner of Correction

Opinion

SULLIVAN, C. J.

The petitioner, Aedan McCarthy, appeals following our grant of certification1 from the *559judgment of the Appellate Court affirming the judgment of the habeas court dismissing his petition for a writ of habeas corpus. McCarthy v. Commissioner of Correction, 82 Conn. App. 480, 481, 844 A.2d 920 (2004). The petitioner claims on appeal that the Appellate Court improperly concluded that the habeas court lacked subject matter jurisdiction over his habeas petition because the petitioner was not in “custody” within the meaning of General Statutes § 52-4662 at the time his habeas…