Opinion
05-04-2021
Eric T. KELSEY v. COMMISSIONER OF CORRECTION
Naomi T. Fetterman, assigned counsel, in support of the petition. Laurie N. Feldman, special deputy assistant state's attorney, in opposition.
Naomi T. Fetterman, assigned counsel, in support of the petition.
Laurie N. Feldman, special deputy assistant state's attorney, in opposition.
The petitioner Eric T. Kelsey's petition for certification to appeal from the Appellate Court, 202 Conn. App. 21, 244 A.3d 171, is granted, limited to the following issues:
"1. Did the Appellate Court correctly determine that ‘abuse of discretion' is the appropriate standard of review of a habeas court's dismissal of a successive habeas petition following its determination that the petitioner had not demonstrated good cause for the untimely filing pursuant to General Statutes § 52-470 ?
"2. Did the Appellate Court correctly determine that the habeas court did not err in finding that the petitioner had failed to establish good cause necessary to overcome the rebuttable presumption of unreasonable delay as set forth in § 52-470 ?"