Legal Opinion · Dissent

Iovieno v. Commissioner of Correction

Supreme Court of Connecticut

Decided August 26, 1997No. SC 15411Published

1DissentCallahan, C. J.

I respectfully dissent. I do not agree with the majority that the present appeal warrants reconsideration of our conclusion in Iovieno v. Commissioner of Correction, 222 Conn. 254, 608 A.2d 1174 (1992) (Iovieno II). It seems incongruous for us to conclude today that the petitioner’s petition for permission to appeal now can be heard by the habeas court when we concluded five years ago that the exact same petition could not be heard because it was not filed within the time specified by General Statutes § 52-470 (b). Moreover, I disagree with the majority’s conclusion that whenever a petitioner…

2Cases cited37 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Stone v. PowellSupreme Court of the United States · 1976
  3. Simms v. Warden, State PrisonSupreme Court of Connecticut · 1994
  4. Simms v. WardenSupreme Court of Connecticut · 1994
  5. Lozada v. DeedsSupreme Court of the United States · 1991

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