Buster v. Commissioner of Correction

The petitioners, who are both sentenced prisoners in the defendant’s custody, appeal from the dismissal of their habeas corpus petitions.1 The dispositive issue is whether the habeas court properly dismissed the petitioners’ third amended petitions when they had failed to pursue an appeal from an earlier judgment in the same case. We affirm the decision of the habeas court.

The following facts are relevant to this appeal. The petitions question the retroactive effect of Public Acts 1989, No. 89-383, §§ 1 and 13, which prohibit supervised home release for specified categories of prisoners.…