244 Conn. 634 | Conn. | 1998
Lead Opinion
Opinion
The petitioner, Alphonso Valle, pleaded guilty in 1993 to the charges of burglary in the
The Appellate Court affirmed the habeas court’s judgment. Valle v. Commissioner of Correction, 45 Conn. App. 566, 696 A.2d 1280 (1997). The respondent then filed a petition for certification from the Appellate Court’s judgment, which we granted.
The petitioner’s absence from legal custody without leave “ ‘disentitles [him] to call upon the resources of the Court for determination of his claims.’ ” Estelle v. Dorrough, 420 U.S. 534, 537, 95 S. Ct. 1173, 43 L. Ed. 2d 377 (1975), quoting Molinaro v. New Jersey, 396 U.S. 365, 366, 90 S. Ct. 498, 24 L. Ed. 2d 586 (1970); State v. Leslie, 166 Conn. 393, 395, 349 A.2d 843 (1974); see State v. Patterson, 236 Conn. 561, 581, 674 A.2d 416 (1996).
Our unwillingness to decide the merits of the issue before us also finds support in the fact that the petitioner’s claim arose in the context of a prayer for relief by
We point out that, in view of these circumstances, we do not decide the issue presented in the petition for a writ of habeas corpus and express no view as to the propriety of the trial court’s or the Appellate Court’s reasoning.
The judgment of the Appellate Court is reversed, and the case is remanded to that court with direction to remand the case to the trial court with direction to dismiss the petition for a writ of habeas corpus.
We granted the respondent’s petition for certification limited to the following issue: “Did the Appellate Court properly conclude that a prisoner serving multiple concurrent sentences imposed by different courts on different dates is entitled to have presentence confinement credit applied to each of these sentences when that credit represents the same period of presentence confinement?” Valle v. Commissioner of Correction, 243 Conn. 909, 701 A.2d 338 (1997).
Dissenting Opinion
dissenting. I would affirm the well reasoned decisions of both the Appellate Court and the trial court, which held that the respondent, the commissioner of correction (hereinafter, the state), pursuant to General Statutes § lS^Sd,
The majority instead reverses the judgment of the Appellate Court and remands the case to that court with direction to remand the case to the trial court with direction to dismiss the petition for a writ of habeas corpus filed by the petitioner. The majority does so because, while the state’s appeal from the judgment of the habeas court in favor of the petitioner was pending, the petitioner failed to return from leave from a halfway house while he was in the custody of the state. The
1 recognize that dismissal is an appropriate sanction when a prisoner is a fugitive during the ongoing appellate process. Estelle v. Dorrough, 420 U.S. 534, 537, 95 S. Ct. 1173, 43 L. Ed. 2d 377 (1975) (“[disposition by dismissal of pending appeals of escaped prisoners is a longstanding and established principle of American law”). But this disentitlement doctrine is not a hard and fast rule, and should be applied only when the reasons underlying the doctrine are well served. The following reasons have been given in support of the doctrine: (1) “the judgment on review may be impossible to enforce” because the prisoner has escaped, (2) the prisoner’s “escape disentitles him to call upon the resources of the Court for determination of his claims,” (3) dismissal will “[discourage] the felony of escape and [encourage] voluntary surrenders,” and (4) dismissal will “[promote] the efficient, dignified operation of the courts.” (Internal quotation marks omitted.) Degen v. United States, 517 U.S. 820, 824, 116 S. Ct. 1777, 135 L. Ed. 2d 102 (1996).
The first reason, that our judgment may be impossible to enforce, may well be applicable to the petitioner’s case, but our decision would establish a rule of law that has significance and application to 2000 other prisoners. The second reason is not applicable to the present case because it is the state that appealed from the judgment of the habeas court and then to this court. Although the dismissal may discourage escape from confinement, this third reason pales in light of the fact that the issue
In the recent case of State v. Patterson, 236 Conn. 561, 674 A.2d 416 (1996), in which the appellant defendant had fled the jurisdiction while the state’s petition for certification to appeal was pending before this court, we reviewed the Appellate Court’s judgment on appeal by the state that a criminal defendant had a constitutional right to a presentence investigation report. State v. Patterson, 37 Conn. App. 801, 820, 658 A.2d 121 (1995). In Patterson, we allowed the defendant’s counsel to withdraw because the defendant had escaped,
Accordingly, I dissent.
General Statutes § 18-98d provides: “(a) Any person who is confined to a community correctional center or a correctional institution for an offense committed on or after July 1,1981, under a mittimus or because such person is unable to obtain bail or is denied bail shall, if subsequently imprisoned, earn a reduction of his sentence equal to the number of days which he spent in such facility from the time he was placed in presentence confinement to the time he began serving the term of imprisonment imposed; provided (1) each day of presentence confinement shall be counted only once for the purpose of reducing all sentences imposed after such presentence confinement; and (2) the provisions of this section shall only apply to a person for
“(b) In addition to any reduction allowed under subsection (a), if such person obeys the rules of the facility he may receive a good conduct reduction of any portion of a fine not remitted or sentence not suspended at the rate of ten days or one hundred dollars, as the case may be, for each thirty days of presentence confinement; provided any day spent in presentence confinement by a person who has more than one information pending against him may not be counted more than once in computing a good conduct reduction under this subsection.
“(c) The Commissioner of Correction shall be responsible for ensuring that each person to whom the provisions of this section apply receives the correct reduction in such person’s sentence; provided in no event shall credit be allowed under subsection (a) in excess of the sentence actually imposed.”
At oral argument before this court, the state represented in good faith that the best estimate was at least 2000 other prisoners’ sentences could be affected by the merits of this appeal.
In the present case, the public defender, who did not seek permission to withdraw as the petitioner’s appellate counsel, urges that we decide the issue, as the Appellate Court did, notwithstanding the fact that the petitioner was also absent during that appeal.