Iovieno v. Commissioner of Correction
Supreme Court of Connecticut
1Opinion of the CourtSantaniello, J.
The dispositive issue in this appeal is whether, pursuant to General Statutes § 52-470 (b),1 a habeas court has discretion to consider an untimely filed petition for certification to appeal. We conclude that under the factual circumstances of this case, the statute does not authorize any such discretion.
The underlying facts are established by the habeas court’s memorandum of decision. After a jury trial, the plaintiff in error, Michael Iovieno (plaintiff), was found guilty of three counts of the crime of burglary in the second degree, one count of the crime of unlawful restraint in the first…
2Cases cited23 opinions
- Stone v. PowellSupreme Court of the United States · 1976
- Engle v. IsaacSupreme Court of the United States · 1982
- American Universal Insurance v. DelGrecoSupreme Court of Connecticut · 1987
- Winchester Woods Associates v. Planning & Zoning CommissionSupreme Court of Connecticut · 1991
- Ross v. ReedSupreme Court of the United States · 1982
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3Cited by28 opinions
- Simms v. Warden, State PrisonSupreme Court of Connecticut · 1994
- Simms v. WardenSupreme Court of Connecticut · 1994
- State v. HintonSupreme Court of Connecticut · 1993
- Ambroise v. William Raveis Real Estate, Inc.Supreme Court of Connecticut · 1993
- State v. MetzSupreme Court of Connecticut · 1994
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