Jobe v. Commissioner of Correction, 181 Conn. App. 236

Petitioner Momodou Lamin Jobe pleaded guilty on January 5, 2010 to illegal possession of marijuana and illegal sale of a record/tape; received an effective sentence of eleven months, execution suspended, and two years conditional discharge.
Petitioner filed a petition for a writ of habeas corpus on August 12, 2016, more than two years after sentencing.
Habeas court dismissed the petition, concluding it lacked jurisdiction under Padilla v. Kentucky. Petitioner obtained certification to appeal.
Commissioner of Correction conceded Padilla-based dismissal was improper but argued dismissal could be affirmed because petitioner was not in custody when he filed his habeas petition.
Parties confirmed by letter and at argument that no warrant had been issued for violation of petitioner’s conditional discharge.
Court considered whether subject-matter jurisdiction under Conn. Gen. Stat. § 52-466(a)(1) existed (custody requirement) and affirmed dismissal for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether habeas court had jurisdiction to hear petition filed Aug. 12, 2016	Jobe argued merits under Padilla (ineffective assistance re: immigration consequences)	Commissioner conceded Padilla dismissal improper but argued petition must be dismissed because petitioner was not in custody when filed	Court held no jurisdiction: petitioner was not in custody when petition filed, so habeas court lacked subject-matter jurisdiction
Whether custody existed by reason of a warrant for conditional discharge violation	Jobe suggested custody could be construed broadly (raised in reply)	Commissioner and court noted custody exists only if confinement or warrant issued; no warrant shown	Court held no warrant existed; petitioner not in custody; did not adopt expansive new custody definition
Whether appellate court may affirm on alternate ground	Jobe sought merits review	Commissioner urged affirmance on custody ground despite Padilla concession	Court affirmed dismissal on alternate jurisdictional ground; appellate courts may affirm on alternate grounds
Whether court should address Padilla merits despite jurisdictional defect	Jobe requested review of Padilla claim	Commissioner did not oppose dismissal on jurisdictional ground	Court declined to reach Padilla merits because of lack of jurisdiction

Richardson v. Commissioner of Correction, 298 Conn. 690 (Conn. 2010) (custody requirement of § 52-466 is jurisdictional)
Ajadi v. Commissioner of Correction, 280 Conn. 514 (Conn. 2006) (subject-matter jurisdiction may be raised at any stage and cannot be waived)
Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (ineffective assistance claim for failure to advise about immigration consequences)
Geremia v. Geremia, 159 Conn. App. 751 (Conn. App. 2015) (appellate court may affirm trial court judgment even if based on a wrong reason)
State v. Myers, 178 Conn. App. 102 (Conn. App. 2017) (issues raised first in a reply brief are generally not reviewed)