Sec. 52-470. Summary disposal of the case. Appeal by person convicted of crime.
Sec. 52-470. Summary disposal of the case. Appeal by person convicted of
crime. (a) The court or judge hearing any habeas corpus shall proceed in a summary
way to determine the facts and issues of the case, by hearing the testimony and arguments
therein, and inquire fully into the cause of imprisonment, and shall thereupon dispose
of the case as law and justice require.
(b) No appeal from the judgment rendered in a habeas corpus proceeding brought
by or on behalf of a person who has been convicted of a crime in order to obtain such
person's release may be taken unless the appellant, within ten days after the case is
decided, petitions the judge before whom the case was tried or, if such judge is unavailable, a judge of the Superior Court designated by the Chief Court Administrator, to
certify that a question is involved in the decision which ought to be reviewed by the
court having jurisdiction and the judge so certifies.
(1949 Rev., S. 8206; 1957, P.A. 482; 1967, P.A. 182; P.A. 82-160, S. 171; June Sp. Sess. P.A. 83-29, S. 47, 82; P.A.
02-132, S. 78.)
History: 1967 act provides for petition by appellant within ten days after case is decided rather than certification by
judge within said period; P.A. 82-160 inserted Subsec. indicators and made minor wording change in Subsec. (b); June
Sp. Sess. P.A. 83-29 included reference to appellate court and deleted reference to supreme court and substituted the court
"having jurisdiction" in lieu thereof in Subsec. (b); P.A. 02-132 amended Subsec. (b) by replacing "a judge of the Supreme
Court or Appellate Court" with "if such judge is unavailable, a judge of the Superior Court designated by the Chief Court
Administrator" and making technical changes.
The judgment may be reversed on error. 33 C. 328. Applicant may demur to the return, deny it or confess and avoid
its effect. 67 C. 358. Cited. 111 C. 251. Cited. 151 C. 746. Cited. 153 C. 75; Id., 673. "In a summary way" construed. 117
C. 265. Constitutionality of out-of-state conviction and punishment not proper subjects for review in Connecticut upon a
writ of habeas corpus. 146 C. 509. Where defendant had been represented by a special public defender who failed to
proceed with his appeal on grounds that he could not do so conscientiously and court denied his motion for appointment
of other counsel, his rights have been violated under equal protection clause of fourteenth amendment to the Constitution
of the United States and there was no error in habeas corpus proceeding directing that he be discharged from prison unless,
at his further request, counsel is appointed and necessary extensions of time to perfect the appeal are granted. 152 C. 504-
507. In latter case, plaintiff cannot demand that other counsel be appointed if new counsel also concludes that there is no
substantial error which he can assign on appeal. Id., 505. Where on habeas corpus it has been properly determined that a
right of appeal required by the federal constitution has been denied, any rule restricting an appeal because of lapse of time
is inapplicable. Id., 508. Petitioner may collaterally raise federal constitutional claims in habeas corpus proceeding even
though he has failed to appeal his federal constitutional claims if he alleges and proves that he did not deliberately bypass
direct appeal. 154 C. 363. Review allowed where plaintiff claimed conviction based on unlawfully obtained evidence and
incriminating statements. Plaintiff permitted to pursue appeal in forma pauperis. 155 C. 316. Cited. 156 C. 341. Mere
occurrence of constitutional violation is not sufficient to render plea of guilty involuntary and subject to nullification in
habeas corpus proceeding. Court's finding that plaintiff voluntarily pleaded guilty because his photograph was taken and
his companion informed and not because his room had been illegally searched was supported by the record. 157 C. 143.
Cited. Id., 400. Where there is complete lack of merit to plaintiff's claim, case should not be certified for review. 158 C.
45. Appellee's direct challenge to late filing of appeal can only be made pursuant to section 697 of practice book within
ten days from time of filing appeal and may not be effectively challenged by motion to dismiss for lack of jurisdiction.
158 C. 486. Cited. 159 C. 150. Cited. 161 C. 337. Plaintiff's petition for certification of an appeal to the Connecticut
Supreme Court denied. 168 C. 254. Cited. 170 C. 121. Cited. 178 C. 207. Section serves only to delineate the proper scope
of a hearing if one is legally required; does not address whether a hearing is, in the first instance, legally required. 180 C.
153. Cited. 187 C. 109. Writ of error, not habeas corpus, is appropriate method to review a summary, criminal contempt
citation. 189 C. 663. Cited. 191 C. 142. Cited. 194 C. 510. Habeas court has no discretion to consider untimely petition
for certification to appeal. 222 C. 254; judgment overruled and reversed to extent stated, see 242 C. 689 and 242 C. 723.
Cited. 226 C. 757. Cited. 229 C. 178; Id., 397. Cited. 230 C. 608. Cited. 234 C. 139. Cited. 242 C. 689; Id., 723.
Cited. 10 CA 520. Cited. 23 CA 559. Cited. 29 CA 274. Cited. 36 CA 695. Cited. 39 CA 473. Cited. 46 CA 486.
Does not preclude any right of appeal. 15 CS 274. Right of indigent accused to appeal to state supreme court cannot
be defeated by time limitations if he was deprived of federal constitutional right at his trial. 28 CS 464. Cited. 42 CS 371.
Subsec. (a):
Cited erroneously as Sec. 54-470(a). 229 C. 397. Cited. 230 C. 88. Section required defendant be granted specific
performance of plea agreement. Judgment of appellate court in Melley v. Commissioner of Correction, 35 CA 374, reversed.
235 C. 413.
Cited. 29 CA 162; judgment reversed, see 229 C. 397. Cited. 39 CA 485. Cited. 41 CA 515. Cited. 42 CA 17. Cited.
46 CA 689. Habeas court abused its discretion when it denied petition for writ of habeas corpus without holding an
evidentiary hearing for petitioner, even though she had finished serving her sentence. 110 CA 134.
Subsec. (b):
Cited. 193 C. 439. Cited. 200 C. 553. Cited. 213 C. 38; Id., 97. Cited. 218 C. 479. Cited. 222 C. 87. Cited. 223 C. 180;
Id., 411. Cited. 227 C. 124; Id., 147. Cited. 229 C. 193. Cited. 235 C. 82. Cited. 240 C. 708. Ten-day limitation on filing
for certification to appeal from judgment does not implicate subject matter jurisdiction; judgment of appellate court reversed
in Iovieno v. Commissioner of Correction, 222 C. 254, to the extent it conflicts with this decision, overruled. 242 C. 689.
Judgment of appellate court reversed in accordance with decision in Iovieno v. Commissioner of Correction, 242 C. 689.
Id., 723. In absence of demonstrable prejudice, legislature did not intend terms of the habeas court's grant of certification
to be limitation on specific issues subject to appellate review. 245 C. 132.
Cited. 5 CA 277. Cited. 6 CA 518. Cited. 12 CA 343. Cited. 19 CA 686. Cited. 23 CA 63; judgment reversed and case
remanded to appellate court with direction to remand the matter to superior court with direction to render judgment granting
writ of habeas corpus and ordering new trial for petitioner, see 220 C. 112. Cited. 26 CA 48. Cited. 28 CA 195. Cited. 31
CA 771; judgment reversed, see 230 C. 88. Cited. 33 CA 902. Cited. 35 CA 762. Cited. 40 CA 553. Cited. 42 CA 17.
Cited. 43 CA 374; Id., 698. Subsection intended to discourage frivolous habeas appeals. 61 CA 350. Petitioner's claim
that the habeas court abused its discretion in denying a petition for certification to appeal must be predicated on an issue
that was an underlying claim in the habeas petition. 68 CA 1.