Legal Opinion

Cupe v. Commissioner of Correction

Connecticut Appellate Court

Decided February 19, 2002No. AC 21391PublishedCited by 10 opinions

1Opinion of the Court

Opinion

PETERS, J.

The sole issue in this appeal is whether a habeas court has the authority to take any action with respect to issues not raised in the habeas pleadings. Specifically, we must decide whether the habeas court may dismiss a guilty plea to a charge that is not included in the parties’ stipulation of issues to be considered by the court. The respondent commissioner of correction appeals from the habeas court’s judgment, vacating the petitioner’s plea of guilty to a charge of manslaughter because the petition for a writ of habeas corpus dealt only with a charge of conspiracy to…

2Cases cited15 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. State v. GoldingSupreme Court of Connecticut · 1989
  3. Potter v. Chicago Pneumatic Tool Co.Supreme Court of Connecticut · 1997
  4. Gaines v. MansonSupreme Court of Connecticut · 1984
  5. James L. v. Commissioner of CorrectionSupreme Court of Connecticut · 1998

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3Cited by10 opinions

  1. Toccaline v. Commissioner of CorrectionConnecticut Appellate Court · 2004
  2. Tyson v. Commissioner of CorrectionSupreme Court of Connecticut · 2002
  3. Hunnicutt v. Commissioner of CorrectionConnecticut Appellate Court · 2004
  4. Shelton v. Commissioner of CorrectionConnecticut Appellate Court · 2009
  5. Cole v. Commissioner of CorrectionConnecticut Appellate Court · 2007

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