Iovieno v. Commissioner of Correction

Opinion

BERDON, J.

The dispositive issues in this certified appeal are: (1) whether the ten day limitation period applicable to petitions for certification to appeal from judgments in habeas corpus proceedings, set forth in General Statutes § 52-470 (b),2 implicates a habeas court’s subject matter jurisdiction so as to deprive it of authority to grant an untimely filed petition; and (2) whether the failure to file a timely appeal under § 52-470 (b), as a result of ineffective assistance of counsel, *691constitutes per se prejudice to the petitioner and therefore satisfies the prejudice requirement…