155 Conn.App. 215
Conn. App. Ct.2015Background
- Defendant Williamson pleaded guilty on Aug. 15, 2012 to possession of marijuana with intent to sell under §21a-277(b).
- Trial court sentenced seven years with execution suspended after 18 months, followed by three years of probation.
- On Aug. 13, 2013, defendant filed a coram nobis petition alleging ineffective assistance and lack of knowledge of the charge.
- The State argued lack of jurisdiction because adequate remedy at law via habeas corpus existed.
- Defendant, while on probation, was in federal custody pending deportation; ICE custody and deportation order were imminent.
- Trial court dismissed coram nobis petition for lack of jurisdiction; defendant appealed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court lacked jurisdiction over coram nobis petition due to adequate habeas remedy | Williamson had no adequate habeas remedy related to deportation | Habeas relief would not address removal; coram nobis necessary to timely relief | Court properly dismissed for lack of jurisdiction |
| Whether probation constitutes custody for habeas purposes | Probationary status did not equate to custody | Probation is a form of legal restraint satisfying custody requirement | Probation constitutes custody under §52-466; thus habeas remedy available |
| Whether habeas corpus provides timely relief given impending deportation | Writ of coram nobis necessary to prevent deportation | Habeas could provide timely relief; coram nobis not proper | Habeas corpus is an adequate and timely remedy; coram nobis not required |
Key Cases Cited
- State v. Das, 291 Conn. 356 (2009) (writ of coram nobis lies only when no adequate remedy by law remains)
- State v. Henderson, 259 Conn. 1 (2002) (coram nobis unavailable when habeas corpus provides proper remedy)
- State v. Grisgraber, 183 Conn. 383 (1981) (coram nobis unavailable when proper remedy by appeal exists)
- State v. Stephenson, 154 Conn. App. 587 (2015) (probation constitutes custody; habeas provides relief; coram nobis not needed)
- State v. Carter, 142 Conn. App. 156 (2013) (whether coram nobis exists; court lacked jurisdiction)
- Warner v. Bicknell, 126 Conn. App. 588 (2011) (jurisdictional challenge may be considered even if not ruled on below)