McCarthy v. Commissioner of Correction

Opinion

McLACHLAN, J.

The petitioner, Aedan McCarthy, appeals from the judgment of the habeas court dismissing his second amended petition for a writ of habeas corpus. The petitioner’s sole claim on appeal is that the court improperly dismissed his petition on the ground that it lacked subject matter jurisdiction after concluding that he did not satisfy the “in custody” requirement of General Statutes § 52-466. On the basis of the reasoning set forth in Lebron v. Commissioner of Correction, 82 Conn. App. 475, 844 A.2d 946 (2004), also released on the same date, following the precedent of Ford…