Coleman v. Commissioner of Correction
231 Conn. App. 223
Conn. App. Ct.2025Background:
- Dhati Coleman was convicted of possession of narcotics with intent to sell in Connecticut and sentenced (after a guilty plea under the Alford doctrine) to seven years, execution suspended after two, followed by three years of conditional discharge.
- Coleman also had concurrent state sentences and, while in prison, was transferred to federal custody for unrelated charges.
- In November 2016, Coleman completed the incarceration portion of his Connecticut sentences while in federal custody; his federal sentence continued.
- Coleman filed a habeas petition in Connecticut in December 2019, one month after his period of conditional discharge (from his Connecticut conviction) had expired, while he remained incarcerated on federal (not state) charges.
- The habeas court dismissed for lack of subject matter jurisdiction, ruling he was not "in custody" on the Connecticut conviction at the time of filing; Coleman appealed.
Issues:
| Issue | Coleman's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Coleman was "in custody" on the Connecticut conviction when he filed his habeas petition | His conditional discharge period never began since he was continuously imprisoned (state or federal) | Conditional discharge commenced upon completion of Connecticut incarceration, even if he was transferred to federal custody; "imprisonment" means state only | Period of conditional discharge began when released from state custody; "imprisonment" in § 53a-31(a) refers solely to state custody; habeas petition properly dismissed |
Key Cases Cited
- Goguen v. Commissioner of Correction, 341 Conn. 508 (explains custody requirement for habeas jurisdiction)
- Jobe v. Commissioner of Correction, 334 Conn. 636 (collateral consequences of expired sentence insufficient for habeas custody)
- Richardson v. Commissioner of Correction, 298 Conn. 690 (must be in custody on conviction challenged at time of filing)
- McCarthy v. Commissioner of Correction, 274 Conn. 557 (clarifies habeas court jurisdiction and custody requirement)
- Lebron v. Commissioner of Correction, 274 Conn. 507 (discusses in-custody requirement for habeas)
- Felder v. Commissioner of Correction, 348 Conn. 396 (statutory interpretation: state statutes presumed to refer to state, not federal, procedures)
- State v. Moore, 85 Conn. App. 7 (re probation, conditional discharge commencement rules)
- State v. Outlaw, 60 Conn. App. 515 (interprets timing of probation commencement)
- State v. McFarland, 36 Conn. App. 440 (probation starts upon physical release from custody)
- State v. Galberth, 175 Conn. App. 789 (timing of probation commencement; focus on state custody)