Legal Opinion
Mock v. Warden
Connecticut Superior Court
Decided February 18, 2003No. File No. CV-00 0003127PublishedCited by 2 opinions
1Opinion of the CourtFuger, J.
On January 6, 2003, the warden of the state prison, the respondent, filed a motion to dismiss 1 the present petition for habeas corpus on the ground that John Mock, the petitioner, is no longer confined pursuant to the challenged convictions. Consequently, the respondent is asserting that this court lacks subject matter jurisdiction over the petition. 2 On January 22, 2003, the petitioner filed a timely objection to the motion to dismiss.
When adjudicating a motion to dismiss, “a court must take the facts to be those alleged in the complaint, including those facts necessarily implied from the…
2Cases cited21 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Fay v. NoiaSupreme Court of the United States · 1963
- Engle v. IsaacSupreme Court of the United States · 1982
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Peyton v. RoweSupreme Court of the United States · 1968
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3Cited by2 opinions
- Mock v. Commissioner of CorrectionConnecticut Appellate Court · 2009
- Caminis v. TroyConnecticut Appellate Court · 2009