Boyd v. Commissioner of Correction

199 Conn. App. 575
CourtConnecticut Appellate Court
DecidedAugust 18, 2020
DocketAC42302
StatusPublished
Cited by3 cases

This text of 199 Conn. App. 575 (Boyd v. Commissioner of Correction) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyd v. Commissioner of Correction, 199 Conn. App. 575 (Colo. Ct. App. 2020).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** RAY BOYD v. COMMISSIONER OF CORRECTION (AC 42302) Alvord, Prescott and Bright, Js.*

Syllabus

The petitioner, who had been convicted of the crime of murder when he was seventeen years old, sought a writ of habeas corpus, claiming that the respondent Commissioner of Correction failed to advance his parole eligibility date by applying statutory (§ 18-7a (c)) good time credit he had earned. The petitioner had been sentenced to a term of fifty years imprisonment without the possibility of parole. In 2015, the legislature amended the parole eligibility statute (§ 54-125a) to retroactively provide parole eligibility to juvenile offenders sentenced to more than ten years imprisonment. In 2016, the Board of Pardons and Paroles (board) informed the petitioner of his parole eligibility date, a calculation that did not reflect a reduction for the number of days of statutory good time credit he had earned. The habeas court granted the motion to dismiss filed by the respondent for failing to state a claim on which habeas corpus relief could be granted. On the granting of his petition for certification to appeal, the petitioner appealed to this court. Held: 1. Contrary to the respondent’s claim, the habeas court properly determined that it had subject matter jurisdiction over the petition because the petitioner had a cognizable liberty interest in parole eligibility under § 54- 125a (f): the legislature intended to vest the petitioner with a cognizable liberty interest in parole eligibility, as the language of § 54-125a (f) (1) (A) requires that the board shall consider the person for parole, and the text of § 54-125a (f) (3) reinforces the requirement that the board shall consider a person for parole by requiring that the board shall hold a hearing to determine a person’s suitability for parole release when that person becomes eligible for parole; moreover, the language of § 54- 125a (f) (2) provides that parole eligibility for juvenile offenders is unique, and such language evidences that the legislature intended for the petitioner to have a liberty interest in parole eligibility; furthermore, the language of § 54-125a (f) (5) serves to accentuate the mandatory nature of initial parole eligibility for individuals like the petitioner, as compared to subsequent parole eligibility, which is not guaranteed. 2. The petitioner could not prevail on his claim that the statutory good time credit he had earned reduced the sentence used to calculate his parole eligibility date, as the language of § 18-7a (c) and § 54-125a (f) is clear and unambiguous that it does not support such a claim: § 18-7a (c) contains no language providing that good time credit earned under that subsection operates to reduce a person’s parole eligibility date, and there is no language to suggest that the legislature intended that a person’s sentence, after it has been reduced by the application of good time credit, should serve as the sentence that is used to calculate their parole eligibility date under § 54-125a (f); moreover, there are no refer- ences to § 18-7a (c) in § 54-125a, and such omission implies that the legislature did not intend for the term ‘‘sentence,’’ as used in § 54-125a (f) (1) (A), to be a person’s sentence as reduced by the statutory good time credit they may have earned under § 18-7a (c), and the phrases ‘‘definite sentence’’ and ‘‘total effective sentence’’ in § 54-125a (f) (1) refer to the maximum term of imprisonment imposed by the sentencing court; furthermore, in § 54-125a (a) and (d) and in a parole eligibility statute (§ 54-125) for prisoners serving indeterminate sentences, the legislature expressly stated whether credit applied to shorten a person’s sentence before that sentence was used to calculate their parole eligibil- ity date, and, because the legislature did not include any such language in § 54-125a (f), it did not intend for statutory good time credit earned by a person under § 18-7a (c) to reduce the sentence that would serve as the basis for calculating his parole eligibility date. 3. The petitioner could not prevail on his claim that the statutory good time credit he had earned under § 18-7a (c) was not applied properly in violation of his right to due process; the petitioner was not entitled to have the statutory good time credit he had earned under § 18-7a (c) applied to reduce the sentence from which his parole eligibility date will be calculated, and, because he did not have a liberty interest in his earned statutory good time credit advancing his parole eligibility date, he was not being deprived of a liberty interest and, thus, was not being deprived of due process. Submitted on briefs April 17—officially released August 18, 2020

Procedural History

Petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of Tolland where the court, Kwak, J., granted the respondent’s motion to dismiss; judgment dismissing the petition, from which, the petitioner, on the granting of certification, appealed to this court. Affirmed. Michael W. Brown, assigned counsel, filed a brief for the appellant (petitioner). Steven R. Strom, assistant attorney general, and Wil- liam Tong, attorney general, filed a brief for the appel- lee (respondent). Opinion

ALVORD, J. The petitioner, Ray Boyd, appeals from the judgment of the habeas court dismissing his petition for a writ of habeas corpus, which challenged the failure of the respondent, the Commissioner of Correction, to advance the petitioner’s parole eligibility date by applying statutory good time credit he has earned. On appeal, the petitioner claims that the court improperly dismissed his petition. We disagree and affirm the judg- ment of the court. The following procedural and statutory history is rele- vant to this appeal. On September 30, 1992, a jury found the petitioner guilty of a murder that he committed on September 23, 1989, when he was seventeen years old, in violation of General Statutes (Rev. to 1989) § 53a- 54a. See State v. Boyd, 36 Conn. App. 516, 518–19, 651 A.2d 1313 (Boyd I), cert. denied, 232 Conn. 912, 654 A.2d 356, cert. denied, 516 U.S. 828, 116 S. Ct. 98, 133 L. Ed. 2d 53 (1995); see also State v. Boyd, 323 Conn. 816, 818, 151 A.3d 355 (2016) (Boyd II). On November 20, 1992, the court sentenced the petitioner to a term of fifty years imprisonment without the possibility of parole.

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Bluebook (online)
199 Conn. App. 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-commissioner-of-correction-connappct-2020.