Arriaga v. Commissioner of Correction

Opinion

The habeas court dismissed the petition for a writ of habeas corpus filed by the petitioner, Nelson E. Arriaga, on the ground that it lacked jurisdiction over the matter because the petitioner was not in the custody of the respondent, the commissioner of correction (commissioner), when he filed the petition. Upon the habeas court’s granting of his petition for certification to appeal, the petitioner appealed from the dismissal to the Appellate Court claiming that he was in the custody of the commissioner when he filed the petition because he was still on probation pursuant to his…