Rodriguez v. Comm'r of Corr., 36907.
Decision Date | 11 August 2015 |
Docket Number | No. 36907.,36907. |
Citation | 122 A.3d 709,159 Conn.App. 162 |
Parties | Gilbert RODRIGUEZ v. COMMISSIONER OF CORRECTION. |
Court | Connecticut Court of Appeals |
Gilbert Rodriguez, self-represented, the appellant (petitioner).
Zenobia G. Graham–Days, assistant attorney general, with whom, on the brief, was George Jepsen, attorney general, for the appellee (respondent).
GRUENDEL, SHELDON and KELLER, Js.
The petitioner, Gilbert Rodriguez, appeals following the denial of his petition for certification to appeal from the judgment of the habeas court declining to issue a writ of habeas corpus pursuant to Practice Book § 23–24(a)(1)1 on the ground that it lacked subject matter jurisdiction. We dismiss the appeal.
On October 20, 1995, the petitioner was sentenced to forty years imprisonment for his conviction of murder in violation of General Statutes § 53a–54a (a). On June 3, 1999, while he was incarcerated, he received a “Security Risk Group Safety Threat Member Hearing Notification” indicating that a hearing would take place on June 9, 1999, to determine his status as a security risk group safety threat member. As a result of that hearing, it was determined, on the basis of information obtained from a confidential informant, that the petitioner was affiliated with the Latin Kings, and he was thus designated as a security risk group safety threat member.
On January 8, 2014, the petitioner filed a petition for a writ of habeas corpus alleging that he was denied due process when he was classified as a member of a security risk group. He alleged that he was not given notice in advance of the hearing of the allegation that he was affiliated with the Latin Kings, and that the lack of notice violated his right to due process. The petitioner further alleged that, as a result of his classification as a member of a security risk group, he was no longer able to work as a “tierman” in the prison, and he was thereby deprived of his liberty interest to earn good time credit for the performance of that work.
On March 4, 2014, the habeas court declined to issue a writ of habeas corpus pursuant to Practice Book § 23–24(a)(1) on the ground that it lacked subject matter jurisdiction. The petitioner thereafter filed a petition for certification to appeal that judgment, which the court denied. This appeal followed.
(Citation omitted; footnote omitted; internal quotation marks omitted.) Ankerman v. Commissioner of Correction, 122 Conn.App. 246, 250–51, 999 A.2d 789, cert. denied, 298 Conn. 922, 4 A.3d 1225 (2010).
The petitioner challenges the habeas court's judgment declining to issue a writ of habeas corpus on the ground that it lacked subject matter jurisdiction. (Internal quotation marks omitted.) Fuller v. Commissioner of...
To continue reading
Request your trial- State v. Mosback
-
Byrd v. Comm'r of Corr.
...is a question of law, our review is plenary." (Citations omitted; internal quotation marks omitted.) Rodriguez v. Commissioner of Correction, 159 Conn.App. 162, 164–65, 122 A.3d 709 (2015).We will, therefore, conduct a plenary review of the petitioner's petition to determine whether the hab......
-
Alvarado v. Comm'r of Corr., AC 38005
...to invoke the subject matter jurisdiction of the habeas court"; (internal quotation marks omitted) Rodriguez v. Commissioner of Correction , 159 Conn.App. 162, 166, 122 A.3d 709 (2015) ; we conclude that the habeas court properly dismissed the petition for a writ of habeas corpus. On this p......