Summary
upholding dismissal of petition that failed to set forth specific grounds for issuance of writ
Summary of this case from Kaddah v. Commissioner of CorrectionOpinion
(10794)
Argued February 8, 1983
Decision released March 22, 1983
Information charging the defendant with the crimes of assault in the first degree and of assault on a police officer, brought to the. Superior Court in the judicial district of Hartford-New Britain at Hartford, where the court, Mulcahy, J., found her incompetent to stand trial, from which the defendant appealed to this court. Appeal dismissed.
George R. Macri, pro se, guardian ad litem of Julia S. Macri, appellant (defendant).
John H. Malone, assistant state's attorney, for the appellee (state).
The defendant was committed by the court to the commissioner of mental health for a period not to exceed eighteen months in accordance with the provisions of 54-40 (now 54-56d) of the General Statutes. She has appealed from this order.
The defendant Was arrested on assault charges on April 8, 1979, and, after a hearing, was sent for an evaluation and thereafter committed to the commissioner of mental health effective May 23, 1979. On September 24, 1980, the court held one of its timely reviews. The defendant after that hearing brought this appeal attacking her continued commitment.
The eighteen month commitment has ended. It is a well-settled general rule that the existence of an actual controversy is an essential requisite to appellate jurisdiction; it is not the province of appellate courts to decide moot questions, disconnected from the granting of actual relief or from the determination of which no practical relief can follow. Connecticut State Employees Assn. v. AFSCME, 188 Conn. 196, 199, 448 A.2d 1341 (1982); Waterbury Hospital v. Connecticut Health Care Associates, 186 Conn. 247, 440 A.2d 310 (1982).