Langston v. Commissioner of Correction
185 Conn. App. 528
| Conn. App. Ct. | 2018Background
- Petitioner Richard Langston was convicted in 1999 of robbery, firearm possession, and related charges and received a 25-year sentence; convictions were affirmed on direct appeal.
- Langston filed multiple habeas petitions: a 2002 state petition (initially granted, reversed on appeal), a 2008 federal petition (denied in 2012), a 2012 state petition (withdrawn September 22, 2014, shortly before a dismissal hearing and trial), and the present state petition filed December 3, 2014.
- The respondent Commissioner moved for an order to show cause under Conn. Gen. Stat. § 52-470(d)–(e), asserting the December 2014 petition was untimely (after the October 1, 2014 statutory cutoff) and presumptively delayed without good cause.
- At the show-cause hearing, Langston argued: (1) the petition did not frustrate § 52-470’s purpose because his claims had been litigated repeatedly; and (2) he withdrew the prior petition on counsel’s advice and did not understand the time consequences.
- The habeas court found the petition untimely, concluded Langston failed to show good cause for the delay, and dismissed the petition; the court noted lack of evidentiary proof that counsel misadvised him.
- Langston obtained certification to appeal; the appellate panel affirmed the dismissal, applying deferential review to factual findings and plenary review to legal conclusions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner established "good cause" to overcome § 52-470(d) rebuttable presumption of untimeliness | Langston: prior, continuous litigation of same issues and tactical withdrawal do not offend § 52-470’s purpose; grave delays were not the intent | Commissioner: petition filed after statutory deadline; voluntary withdrawal before deadline and failure to refile show lack of good cause | Held: No good cause shown; dismissal affirmed |
| Whether reliance on former counsel excuses the delay | Langston: withdrew prior petition on counsel’s advice and was unaware of timing consequences | Commissioner: petitioner bears burden to produce evidence of counsel’s advice; no testimony or proof offered | Held: No competent evidence of counsel’s misadvice; claim fails |
| Whether the court erred in entertaining respondent’s request prior to close of pleadings | Langston: procedural objection raised | Commissioner: Kelsey controls permitting discretion to act | Held: Claim abandoned at oral argument; Kelsey forecloses error |
| Standard of review for dismissal under § 52-470 | Langston: challenged the habeas court’s conclusion | Commissioner: appealed decision should be reviewed under settled standards | Held: Legal conclusions reviewed plenarily; factual findings not overturned unless clearly erroneous |
Key Cases Cited
- Foote v. Commissioner of Correction, 170 Conn. App. 747 (appellate standard for reviewing habeas dismissals)
- Carter v. Commissioner of Correction, 133 Conn. App. 387 (deference to habeas court factual findings)
- Schoolhouse Corp. v. Wood, 43 Conn. App. 586 (definition of "good cause")
- State v. Langston, 67 Conn. App. 903 (direct appeal affirming convictions)
- Langston v. Commissioner of Correction, 104 Conn. App. 210 (prior habeas appeal reversing grant of relief)
- Kelsey v. Commissioner of Correction, 329 Conn. 711 (court may act on respondent's motion before close of pleadings under § 52-470)