Vanwhy v. Commissioner of Correction

Opinion

SCHALLER, J.

The petitioner, Jesse L. Vanwhy, appeals following the habeas court’s decision to decline to rule on his petition for certification to appeal from the judgment declining to rule on his petition for a writ of habeas corpus. On appeal, the petitioner claims that the court abused its discretion by refusing to rule on his petition for certification to appeal and improperly concluded that it lacked subject matter jurisdiction over his habeas petition. We reverse the judgment of the habeas court.

Our review of the record reveals the following facts and procedural history. On…