Gilchrist v. Commissioner of Correction

The petitioner, Anthony Gilchrist, appeals from the judgment of the habeas court dismissing his petition for a writ of habeas corpus for lack of subject matter jurisdiction because, at the time he filed the petition, he was not in custody as a result of the conviction that he challenges. On appeal, the petitioner asserts that he was denied his rights to due process, assigned counsel, and notice and a hearing, when the court, sua sponte, dismissed his petition for lack of subject matter jurisdiction. The respondent, the Commissioner of Correction, contends that the court was not required to…