Case Information
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DYOUS v . COMMISSIONER OF MENTAL HEALTH & ADDICTION SERVICES—CONCURRENCE
PALMER, J., concurring. I agree with the result that the majority reaches because I believe that our decision in Duperry v. Solnit , 261 Conn. 309, 803 A.2d 287 (2002), controls the outcome of this case, and the petitioner, Anthony Dyous, has not asked us to overrule that deci- sion. In light of Judge Stefan R. Underhill’s thoughtful analysis in Duperry v. Kirk , 563 F. Supp. 2d 370 (D. Conn. 2008), of the same fundamental issue presented in this case, however, I now question whether our appli- cation of Teague v. Lane , 489 U.S. 288, 109 S. Ct. 1060, 103 L. Ed. 2d 334 (1989), in Duperry v. Solnit , supra, 319–26, was correct. Because the majority understand- ably relies on our reasoning in Duperry v. Solnit , supra, 309, to decide the present case, I concur in the result only.