State v. Douglas C.

CourtSupreme Court of Connecticut
DecidedJanuary 10, 2023
DocketSC20456
StatusPublished

This text of State v. Douglas C. (State v. Douglas C.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Douglas C., (Colo. 2023).

Opinion

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McDONALD, J., concurring in the judgment. We have often explained that ‘‘[t]he rules of practice were prom- ulgated to create a harmonious body of law, and we are required to read statutes [or rules] together when they relate to the same subject matter . . . . Accord- ingly, [i]n determining the meaning of a statute [or rule] . . . we look not only at the provision at issue, but also to the broader statutory [or Practice Book] scheme to ensure the coherency of our construction.’’ (Internal quotation marks omitted.) Gilchrist v. Commissioner of Correction, 334 Conn. 548, 561–62, 223 A.3d 368 (2020). With these principles in mind, I write separately to honor the context in which this court has consistently analyzed habeas actions and conclude that the Practice Book provisions governing motions to dismiss in civil actions dictate which procedures are required when a habeas court dismisses a petition for a writ of habeas corpus pursuant to Practice Book § 23-29. I can discern no statutory interpretative analysis that would permit the result reached by the majority, whose opinion is devoid of any citation to chapter 11 of our rules of practice, the chapter that governs the relevant procedures applicable to civil actions, including habeas corpus actions. Rather than analyze the controlling Practice Book sections in chapter 11, the majority opin- ion relies on perceived textual differences between Practice Book §§ 23-24 and 23-29, a sweeping citation to § 23-34, and certain extratextual sources in an effort to support its conclusion. Relying on these sources, the majority concludes that, when a habeas court, on its own motion, seeks to dismiss a petition for a writ of habeas corpus pursuant to § 23-29, it is required to provide the petitioner only with notice of the motion and an opportunity to submit a written brief in opposi- tion to the motion but not a hearing as of right. None of the sources relied on by the majority, however, requires notice and an opportunity to submit a written brief. Notably, the majority omits the true source of those requirements—chapter 11 of the rules of practice—in an effort to avoid acknowledging that a hearing is also required as of right. See, e.g., Practice Book § 11-1 (peti- tioner is entitled to notice of motion to dismiss); Prac- tice Book § 11-10 (a) (petitioner is entitled to submit written brief in opposition to motion to dismiss); Prac- tice Book § 11-18 (a) (petitioner is entitled to hearing on motion to dismiss). By carefully avoiding any citation to chapter 11, the majority endeavors to create its own set of rules, whereby a petitioner is not entitled to a hearing to argue the merits of a habeas court’s motion to dismiss. Tellingly, the majority does not offer a substantiated rationale for denying a petitioner his ‘‘as of right’’ oppor- tunity to argue his grounds for not dismissing the peti- tion when that effort is initiated by the habeas court. The most the majority can muster is its claim, unsup- ported by any evidence, that requiring oral argument before dismissing a habeas petition, in that limited sub- set of court initiated dismissal motions, would be ‘‘overly burdensome’’ on the habeas court and, therefore, ‘‘inef- ficient . . . .’’ That argument, however, could apply with equal, if not greater, force to every other habeas case, in which a motion to dismiss is filed by a respon- dent, rather than initiated by the habeas court. Indeed, it could also apply to every summary process action or foreclosure case in this state. Would the majority sug- gest that this court could bypass the exact same rule at issue in this case, which provides an ‘‘as of right’’ opportunity to argue a motion to dismiss, in those instances too, because it might make the job of the judge easier or more convenient? My reading of the majority’s opinion suggests that this court could do exactly that, if it wanted, regardless of the rules that all of the judges of the Superior Court have adopted as a cohesive, legislative body. Instead, I choose a different path that honors the choices made by the Superior Court judges. Reading the provisions of the rules of practice together, as we must, I conclude that a habeas court must provide par- ties with notice, an opportunity to submit a written opposition, and a hearing as of right before it dismisses a petition for a writ of habeas corpus pursuant to Prac- tice Book § 23-29. Accordingly, I respectfully concur in the judgment but disassociate myself from the analytic path the majority has trod. I agree with the majority’s recitation of the relevant facts, procedural history, and standard of review. I also agree with the majority that, at the time that the habeas court dismissed the present habeas action filed by the petitioner, Judson Brown, the court did not have the benefit of our decision in Gilchrist v. Commissioner of Correction, supra, 334 Conn. 548. In Gilchrist, we clarified the proper application and scope of the two Practice Book provisions under which a habeas court may dispose of a habeas petition on the basis of pleading deficiencies, Practice Book §§ 23-24 and 23-29. Section 23-24 (a) provides that the habeas court may decline to issue the writ of habeas corpus if ‘‘it appears that: (1) the court lacks jurisdiction; (2) the petition is wholly frivolous on its face; or (3) the relief sought is not available.’’ If the judicial authority declines to issue the writ, it is required to ‘‘notify the petitioner . . . .’’ Prac- tice Book § 23-24 (b). Section 23-29 similarly allows the habeas court to dismiss the petition at any time, on its own motion or on the motion of the respondent, if the court determines that ‘‘(1) [it] lacks jurisdiction; (2) the petition, or a count thereof, fails to state a claim upon which habeas corpus relief can be granted; (3) the peti- tion presents the same ground as a prior petition pre- viously denied and fails to state new facts or to proffer new evidence not reasonably available at the time of the prior petition; (4) the claims asserted in the petition are moot or premature; [or] (5) any other legally suffi- cient ground for dismissal of the petition exists.’’ In Gilchrist, we concluded that Practice Book § 23- 24 serves a specific ‘‘screening function’’; Gilchrist v. Commissioner of Correction, supra, 334 Conn. 560; and allows a habeas court to review petitions ‘‘prior to the issuance of the writ of habeas corpus and before com- mencement of a habeas action.’’ Id., 561.

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State v. Douglas C., Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-douglas-c-conn-2023.