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*********************************************** 
ISSCHAR HOWARD v. COMMISSIONER

OF CORRECTION

(AC 42824)

Prescott, Alexander and Suarez, Js.

Syllabus

The petitioner, who had been convicted, after a jury trial, of, inter alia,

capital felony, sought a writ of habeas corpus. The habeas court, on its

own motion and without providing the petitioner with prior notice or

an opportunity to be heard, dismissed the petitioner’s petition pursuant

to the rule of practice (§ 23-29), finding that the court lacked jurisdiction

because the petition failed to challenge the petitioner’s conviction or

the conditions of confinement. Thereafter, the habeas court denied the

petition for certification to appeal, and the petitioner appealed to this

court. Held:

1. The trial court abused its discretion in denying the petition for certification

to appeal: in light of our Supreme Court’s recent decisions in Brown v.

Commissioner of Correction (345 Conn. 1), and Boria v. Commissioner

of Correction (345 Conn. 39), the resolution of the underlying claim of

procedural error concerning the right to notice and an opportunity to

respond in writing prior to a dismissal under Practice Book § 23-29

involved issues that were debatable among jurists of reason, a court

could resolve the issues in a different manner, and the questions were

adequate to deserve encouragement to proceed further.

2. This court concluded that, although the habeas court was not required

to hold a full hearing, the petitioner was entitled to notice of that court’s

intention to dismiss his petition and an opportunity to file a brief or a

written response concerning the proposed basis for dismissal, which it

did not do; accordingly, on remand, the habeas court may elect to dismiss

the petition, or any amended petition properly filed by the petitioner,

on its own motion pursuant to Practice Book § 23-29, but it must comply

with the procedure set forth in Brown and Boria by providing the

petitioner with prior notice of its proposed basis for dismissal and an

opportunity to submit a brief or written response addressing the issue.

Argued September 16, 2021—officially released December 27, 2022

Procedural History

Petition for a writ of habeas corpus, brought to the

Superior Court in the judicial district of Tolland, where

the court, Newson, J., rendered judgment dismissing

the petition; thereafter, the court denied the petition

for certification to appeal, and the petitioner appealed

to this court. Reversed; further proceedings.

Mary Boehlert, assigned counsel, for the appellant

(petitioner).

Thadius L. Bochain, deputy assistant state’s attorney, with whom, on the brief, were Patrick J. Griffin,

former state’s attorney, Laurie N. Feldman, assistant

state’s attorney, John P. Doyle, Jr., state’s attorney, and

Adrienne Russo, senior assistant state’s attorney, for

the appellee (respondent).
Opinion

SUAREZ, J. The petitioner, Isschar Howard, appeals,

following the denial of his petition for certification to

appeal, from the judgment of the habeas court dismissing his petition for a writ of habeas corpus pursuant to

Practice Book § 23-29.1 The petitioner argues that the

court abused its discretion in denying certification to

appeal because the court improperly (1) dismissed the

petition for a writ of habeas corpus sua sponte under

§ 23-29 without first providing him fair notice and an

opportunity to be heard with respect to the proposed

basis for dismissal and (2) concluded that it lacked

jurisdiction over the petition for a writ of habeas corpus.

We agree with the petitioner that the court abused its

discretion in denying his petition for certification to

appeal. Furthermore, in light of our Supreme Court’s

recent decisions in Brown v. Commissioner of Correction, 345 Conn. 1, 282 A.3d 959 (2022), and in Brown’s

companion case, Boria v. Commissioner of Correction,

345 Conn. 39, 282 A.3d 433 (2022), we agree with the

petitioner that the habeas court committed error in

dismissing the habeas petition pursuant to § 23-29 without first providing him with prior notice of its intention

to dismiss, on its own motion, the habeas petition and

an opportunity to submit a brief or a written response

addressing the proposed basis for dismissal. Accordingly, we reverse the judgment of the habeas court.2

The following procedural history is relevant to this

appeal. Following a jury trial, the petitioner was convicted of capital felony in violation of General Statutes

(Rev. to 1999) § 53a-54b (8), two counts of murder in

violation of General Statutes § 53a-54a (a), criminal possession of a firearm in violation of General Statutes

(Rev. to 1999) § 53a-217 (a), carrying a pistol or revolver

without a permit in violation of General Statutes (Rev.

to 1999) § 29-35, and possession of narcotics in violation

of General Statutes (Rev. to 1999) § 21a-279 (a). The

trial court, Harper, J., sentenced the petitioner to a total

effective term of life in prison without the possibility

of release, plus seventeen years of imprisonment. In

2005, following a direct appeal, this court affirmed the

judgment of conviction. State v. Howard, 88 Conn. App.

404, 870 A.2d 8, cert. denied, 275 Conn. 917, 883 A.2d

1250 (2005).

On October 14, 2016, the petitioner, who was selfrepresented at the time, filed a petition for a writ of

habeas corpus on a state supplied form.3 On the same

day, the petitioner filed a request for appointment of

counsel and an application for waiver of fees, which

the court granted on October 31, 2016. On October 31,

2016, the court also assigned a docket number to the

habeas action and, in response to the petitioner’s

request for appointment of counsel, referred the petitioner to the Office of the Chief Public Defender for an

investigation into whether he was indigent. On Decem-
ber 2, 2016, the State’s Attorney’s Office for the New

Haven judicial district appeared on behalf of the respondent, the Commissioner of Correction. On December

6, 2016, the law firm of Zingaro & Cretella, LLC,

appeared on behalf of the petitioner as assigned counsel.

No further activity is reflected on the habeas court

docket until September 7, 2018, when the court, Newson, J., issued a scheduling order. The order, bearing

the signatures of counsel for the petitioner and the

respondent, provided that an amended petition was to

be filed, if at all, by January 1, 2020, that the case was

to be claimed to the trial list on January 20, 2021, and

that a certificate of closed pleadings was to be filed no

later than March 30, 2020.

On January 24, 2019, counsel for the petitioner, Zingaro & Cretella, LLC, filed a motion to withdraw appearance. The attorney who submitted the motion, Eugene

J. Zingaro, represented that he was unable to devote

the time necessary to represent the petitioner in this

matter or, for that matter, to manage any other

‘‘assigned counsel appointments.’’ Zingaro requested

that the court permit the withdrawal in this case, and

he requested that ‘‘new assigned counsel be appointed

[for the petitioner] by the Chief Public Defender’s

office.’’

Nothing in the record reflects that the court either

considered or ruled on the motion to withdraw appearance. Instead, by order dated February 1, 2019, the

court, Newson, J., sua sponte dismissed the action ‘‘pursuant to Practice Book § 23-39.’’4 Prior to dismissing

the action, the court did not notify the parties that it

was considering dismissing the action and did not provide the petitioner an opportunity to respond to the

proposed basis for dismissal. The court’s order stated:

‘‘Upon review, the petition is dismissed for lack of jurisdiction. More specifically, the petition does not challenge the conviction but alleged constitutional violations that preceded trial. As such, giving the [petition]

the most reasonable reading possible, it fails to challenge the conviction or the conditions of confinement.’’

On March 5, 2019, pursuant to General Statutes § 52-

470 (g), the petitioner, in a self-represented capacity,

filed a petition for certification to appeal from the

court’s ruling.5 The petitioner also filed an application

for waiver of fees, costs and expenses and appointment

of counsel on appeal. In the portion of the petition

for certification in which the petitioner set forth the

grounds for which certification was being sought, the

petitioner incorporated by reference the grounds set

forth in his application for waiver of fees, costs and

expenses and appointment of counsel on appeal. There,

the petitioner set forth those grounds as follows: ‘‘Dissatisfied with decision.’’ On March 8, 2019, the court

denied the petition for certification to appeal. On March
27, 2019, the court granted the petitioner’s application

for waiver of fees, costs and expenses and appointment

of counsel on appeal. This appeal followed.

On September 16, 2021, this court heard oral argument in this appeal. On February 22, 2022, this court, sua

sponte, stayed the appeal pending the final resolution

of the appeals in Brown and Boria, which involved

similar claims and, at that time, were pending before

our Supreme Court. After our Supreme Court officially

released its decisions in Brown and Boria, we ordered

the parties to file supplemental briefs ‘‘addressing the

effect, if any, of Brown v. Commissioner of Correction,

[supra, 345 Conn. 1], and Boria v. Commissioner of

Correction, [supra, 345 Conn. 39], on this appeal, including whether, if the judgment of dismissal is reversed,

the habeas court should be directed on remand ‘to first

determine whether any grounds exist for it to decline

to issue the writ pursuant to Practice Book § 23-24.’

Brown v. Commissioner of Correction, supra, 17 and

n.11; Boria v. Commissioner of Correction, supra, 43.’’

The parties have complied with our supplemental briefing order.

In this appeal, we focus on the dispositive claim

advanced by the petitioner, that the court improperly

dismissed the petition for a writ of habeas corpus sua

sponte under Practice Book § 23-29 without first providing him fair notice and an opportunity to be heard

with respect to the proposed basis for dismissal. As a

threshold consideration, however, we must address the

issue of whether the court abused its discretion in denying the petition for certification to appeal. ‘‘Faced with

a habeas court’s denial of a petition for certification to

appeal, a petitioner can obtain appellate review of the

dismissal of his petition for habeas corpus only by satisfying the two-pronged test enunciated by our Supreme

Court in Simms v. Warden, 229 Conn. 178, 640 A.2d

601 (1994), and adopted in Simms v. Warden, 230 Conn.

608, 612, 646 A.2d 126 (1994). First, he must demonstrate

that the denial of his petition for certification constituted an abuse of discretion. . . . To prove an abuse

of discretion, the petitioner must demonstrate that the

[resolution of the underlying claim involves issues that]

are debatable among jurists of reason; that a court could

resolve the issues [in a different manner]; or that the

questions are adequate to deserve encouragement to

proceed further. . . . Second, if the petitioner can

show an abuse of discretion, he must then prove that

the decision of the habeas court should be reversed on

the merits. . . . In determining whether there has been

an abuse of discretion, every reasonable presumption

should be given in favor of the correctness of the court’s

ruling . . . [and] [r]eversal is required only where an

abuse of discretion is manifest or where injustice

appears to have been done. . . .

‘‘In determining whether the habeas court abused
its discretion in denying the petitioner’s request for

certification, we necessarily must consider the merits of

the petitioner’s underlying claims to determine whether

the habeas court reasonably determined that the petitioner’s appeal was frivolous. In other words, we review

the petitioner’s substantive claims for the purpose of

ascertaining whether those claims satisfy one or more

of the three criteria . . . adopted by this court for

determining the propriety of the habeas court’s denial

of the petition for certification. Absent such a showing

by the petitioner, the judgment of the habeas court

must be affirmed.’’ (Citation omitted; internal quotation

marks omitted.) Wright v. Commissioner of Correction, 201 Conn. App. 339, 344–45, 242 A.3d 756 (2020),

cert. denied, 336 Conn. 905, 242 A.3d 1009 (2021).

The petitioner argues that the habeas court’s denial

of the petition for certification to appeal reflected an

abuse of its discretion. The respondent argues that the

petitioner is unable to demonstrate that the court

abused its discretion in denying his petition for certification to appeal because the petition for certification to

appeal was untimely. The respondent also argues that,

beyond expressing the petitioner’s dissatisfaction with

the court’s decision, the petition for certification to

appeal did not set forth any precise legal grounds, let

alone the grounds on which he relies in this appeal. We

reject those contentions.6 We conclude, in light of our

Supreme Court’s recent decisions in Brown and Boria,

that the resolution of the underlying claim of procedural

error involves issues that are debatable among jurists

of reason, that a court could resolve the issues in a

different manner, and that the questions are adequate

to deserve encouragement to proceed further. Accordingly, we agree with the petitioner that the habeas

court’s denial of the petitioner’s petition for certification to appeal reflected an abuse of its discretion.

We now turn to the merits of the appeal. The petitioner argues that the court ‘‘should not have dismissed

the petition sua sponte, at its current state in the proceedings, without affording [him] fair notice and a hearing.’’ The petitioner argues that ‘‘[t]he court was

required to and should have read the petition broadly

to allow [him] to have the opportunity to have his case

fully and fairly heard.’’ The petitioner also argues that,

when the court dismissed the petition, the only petition

that had been filed was the petition that he filed in a

self-represented capacity, the time in which to file an

amended petition had not yet passed,7 and ‘‘[he had not

been] provided with the services of his assigned counsel

to assist him in clarifying his [self-represented], handwritten petition to better express or fine tune his claims,

arguments, and supporting facts.’’ The petitioner relies

on the fact that the court’s dismissal did not occur

pursuant to Practice Book § 23-24, incident to a preliminary review of his petition by the judicial authority

before it issued the writ.8

Instead, the court dismissed
the petition on jurisdictional grounds nearly two years

after the writ had issued. The petitioner argues that

‘‘[o]nce the habeas court reviewed the petition and

issued the writ . . . [it] should have provided [him]

and his assigned counsel with fair notice and a hearing,

in the event the court questioned subject matter jurisdiction.’’

‘‘Whether a habeas court properly dismissed a petition for a writ of habeas corpus presents a question of

law over which our review is plenary. See Kaddah v.

Commissioner of Correction, 324 Conn. 548, 559, 153

A.3d 1233 (2017) (plenary review of dismissal under

Practice Book § 23-29 [2]); Johnson v. Commissioner

of Correction, 285 Conn. 556, 566, 941 A.2d 248 (2008)

(conclusions reached by habeas court in dismissing

habeas petition are matters of law subject to plenary

review).’’ Gilchrist v. Commissioner of Correction, 334

Conn. 548, 553, 223 A.3d 368 (2020).

In their supplemental briefs, the parties agree that,

if we reach the issue of whether the court committed

error by failing to afford the petitioner notice of its

intent to dismiss the petition pursuant to Practice Book

§ 23-29 and an opportunity to respond in writing to

address the issue, Brown and Boria require a reversal

of the judgment dismissing the petition. We agree with

the parties that Brown and Boria, both of which address

claims similar in nature to the claim presently before

us, govern our resolution of the appeal and require a

reversal of the judgment of dismissal. In Brown, the

court concluded ‘‘that § 23-29 requires the habeas court

to provide prior notice of the court’s intention to dismiss, on its own motion, a petition that it deems legally

deficient and an opportunity to be heard on the papers

by filing a written response. The habeas court may, in

its discretion, grant oral argument or a hearing, but one

is not mandated.’’ Brown v. Commissioner of Correction, supra, 345 Conn. 4. In Boria, our Supreme Court

adopted the reasoning and conclusions set forth in

Brown. Boria v. Commissioner of Correction, supra,

345 Conn. 43.

We agree with the petitioner that, prior to the sua

sponte dismissal, he was entitled to notice of the court’s

intention to dismiss his petition and an opportunity to

at least file a brief or a written response concerning

the proposed basis for dismissal. The court’s failure to

follow this procedure requires reversal of the judgment

of dismissal and a remand to the habeas court for further proceedings consistent with this opinion. To the

extent that the petitioner argued in his principal appellate brief, however, that he was entitled to ‘‘a hearing’’

prior to the dismissal of the petition, Brown and Boria

do not support his argument. As stated previously, the

court is not required to hold a full hearing but may

exercise its discretion to do so in cases in which it is

deemed to be appropriate. See Brown v. Commissioner
of Correction, supra, 345 Conn. 4.

In accordance with Brown and Boria, we must consider an additional issue, namely, whether, as suggested

in footnote 11 of Brown, the habeas court on remand

should first consider whether grounds exist to decline

the issuance of the writ pursuant to Practice Book § 23-

24. This issue leads us to discuss Brown in further

detail. The petitioner in Brown filed a habeas petition

on October 29, 2018. Id., 8. On November 15, 2018,

the habeas court granted the petitioner’s request for

appointment of counsel and his application for a waiver

of fees. Id. On November 19, 2018, the habeas court,

acting on its own motion and without prior notice to

the petitioner, issued an order dismissing the petition

pursuant to Practice Book § 23-29 (3). Id. This court

summarily dismissed the petitioner’s appeal from the

judgment dismissing his habeas petition but, following

a grant of certification to appeal, our Supreme Court

reversed this court’s judgment on the ground that the

habeas court improperly had failed to afford the petitioner prior notice of its intention to dismiss the petition

and an opportunity to at least submit a brief or written

response addressing the issue. Id., 5. Our Supreme

Court remanded the case to this court with direction

to reverse the judgment of the habeas court and to

remand the case to the habeas court for further proceedings consistent with its opinion. Id., 18.

Our Supreme Court in Brown also reasoned that,

‘‘[b]ecause the habeas court in [Brown] did not have

the benefit of this court’s decision in Gilchrist, the case

must be remanded to the habeas court for it to first

determine whether any grounds exist for it to decline

to issue the writ pursuant to Practice Book § 23-24. If

the writ is issued, and the habeas court again elects to

exercise its discretion to dismiss the petitioner’s habeas

petition on its own motion pursuant to Practice Book

§ 23-29, it must . . . provide the petitioner with prior

notice and an opportunity to submit a brief or a written

response to the proposed basis for dismissal.’’ (Footnote omitted.) Id., 17–18; see also Boria v. Commissioner of Correction, supra, 345 Conn. 43. In footnote

11 of its opinion, the court in Brown also stated, ‘‘[w]e

are aware that there are other cases pending before

this court and the Appellate Court that were decided

without the benefit of this court’s decision in Gilchrist.

. . . In cases decided prior to Gilchrist, the most efficient process to resolve those cases is to remand them

to the habeas court to determine first whether grounds

exist to decline the issuance of the writ.’’ (Citation omitted.) Brown v. Commissioner of Correction, supra, 345

Conn. 17 n.11; see also Boria v. Commissioner of Correction, supra, 43.

The judgment of dismissal in the present case

occurred prior to our Supreme Court’s decision in

Gilchrist v. Commissioner of Correction, supra, 334
Conn. 548. In Gilchrist, our Supreme Court explained

the proper application of Practice Book §§ 23-24 and

23-29. The court stated that ‘‘the screening function of

. . . § 23-24 plays an important role in habeas corpus

proceedings, but it is intended only to weed out obviously and unequivocally defective petitions, and we

emphasize that [b]oth statute and case law evince a

strong presumption that a petitioner for a writ of habeas

corpus is entitled to present evidence in support of his

claims. . . . Screening petitions prior to the issuance

of the writ is intended to conserve judicial resources

by eliminating obviously defective petitions; it is not

meant to close the doors of the habeas court to justiciable claims. Special considerations ordinarily obtain

when a petitioner has proceeded pro se. . . . [I]n such

a case, courts should review habeas petitions with a

lenient eye, allowing borderline cases to proceed. . . .

The justification for this policy is apparent. If the writ

of habeas corpus is to continue to have meaningful

purpose, it must be accessible not only to those with

a strong legal background or the financial means to

retain counsel, but also to the mass of uneducated,

unrepresented prisoners. . . . Thus, when borderline

cases are detected in the preliminary review under § 23-

24, the habeas court should issue the writ and appoint

counsel so that any potential deficiencies can be

addressed in the regular course after the proceeding

has commenced.’’ (Citations omitted; emphasis added;

internal quotation marks omitted.) Id., 560–61. The

court explained that, ‘‘[i]n contrast [with § 23-24] . . .

§ 23-29 contemplates the dismissal of a habeas petition

after the writ has issued on any of the enumerated

grounds.’’ Id., 561.

The petitioner argues that, by the time that the court

sua sponte dismissed the petition in the present case,

the action had advanced to such an extent that the

rationale of footnote 11 of Brown does not apply. In

contrast, the respondent argues that ‘‘this case falls

squarely within the remand order contemplated by [our

Supreme Court] in Brown and Boria.’’ We agree with

the petitioner. This court has not interpreted footnote

11 of Brown as a directive that applies in every appeal

in which a habeas action must be remanded to the

habeas court following an improper sua sponte dismissal, predating Gilchrist, pursuant to Practice Book

§ 23-29. See Villafane v. Commissioner of Correction,

216 Conn. App. 839, 849–50, A.3d (2022) (declining to apply footnote 11 because, by time of habeas

court’s sua sponte dismissal, petitioner had filed

amended petition); Hodge v. Commissioner of Correction, 216 Conn. App. 616, 623–24, A.3d (2022)

(same). As this court has reasoned, the remand order

described in footnote 11 need not be imposed if doing

so could lead to an outcome that we do not believe our

Supreme Court in Brown would have intended. Hodge

v. Commissioner of Correction, supra, 624.
We note that, as in Brown and Boria, the sua sponte

dismissal of the habeas petition in the present case

occurred after the writ was issued but prior to the filing

of an amended petition.9 Significantly, however, at the

time the habeas court in Brown sua sponte dismissed

the petition at issue in that case, the habeas action had

been pending on the court’s docket for approximately

three weeks, and counsel had not yet been appointed

to represent the petitioner. Brown v. Commissioner of

Correction, supra, 345 Conn. 8. Similarly, the habeas

court’s sua sponte dismissal of the petition at issue in

Boria occurred after the habeas action had been pending on the court’s docket for approximately one month,

and counsel had not yet been appointed to represent the

petitioner. See Boria v. Commissioner of Correction,

Superior Court, judicial district of Tolland, Docket No.

CV-16-4008315-S (September 7, 2016). In contrast, in the

present case, the court’s sua sponte dismissal occurred

approximately two years and three months after the

petitioner filed the habeas petition and more than two

years after counsel appeared on his behalf. At the time

of the dismissal, the petitioner was represented by

counsel, an agreed upon scheduling order was in place,

and the time in which to file an amended petition had

not yet passed.

Our Supreme Court has explained that the purpose

of appointing counsel in habeas actions, following the

issuance of the writ, is ‘‘so that any potential deficiencies can be addressed in the regular course after the

proceeding has commenced.’’ Gilchrist v. Commissioner of Correction, supra, 334 Conn. 561. In the present case, the habeas court appointed counsel to represent the petitioner, and counsel will have an opportunity

to address any potential deficiencies in the original

petition that he filed in a self-represented capacity. In

light of this fact, and the length of time in which the

habeas action has been pending on the court’s docket,

we conclude that permitting the court on remand to

decline to issue the writ pursuant to Practice Book § 23-

24 could lead to an unjust outcome that our Supreme

Court would not have intended. Consistent with the

principles set forth in Gilchrist, we believe that the

best approach is to follow the directive set forth in

footnote 11 of Brown in cases, like Boria, that are

procedurally similar to Brown. Thus, we do not believe

that the proper course on remand in the present case

is for the court to reevaluate the petitioner’s self-represented petition filed on October 14, 2016, to first determine whether any grounds exist to decline to issue the

writ pursuant to § 23-24. During the proceedings on

remand, the court may elect to dismiss the petition, or

any amended petition properly filed by the petitioner,

on its own motion pursuant to Practice Book § 23-29,

but it must comply with the procedure set forth in

Brown and Boria by providing the petitioner with prior

notice of its proposed basis for dismissal and affording
the petitioner at least an opportunity to submit a brief

or written response addressing the issue.

The judgment is reversed and the case is remanded

for further proceedings consistent with this opinion.

In this opinion the other judges concurred.

1 Practice Book § 23-29 provides: ‘‘The judicial authority may, at any time,

upon its own motion or upon motion of the respondent, dismiss the petition,

or any count thereof, if it determines that:

‘‘(1) the court lacks jurisdiction;

‘‘(2) the petition, or a count thereof, fails to state a claim upon which

habeas corpus relief can be granted;

‘‘(3) the petition presents the same ground as a prior petition previously

denied and fails to state new facts or to proffer new evidence not reasonably

available at the time of the prior petition;

‘‘(4) the claims asserted in the petition are moot or premature;

‘‘(5) any other legally sufficient ground for dismissal of the petition exists.’’

2 Because we agree with the petitioner’s first claim, which concerns a

procedural error, and that claim is dispositive of the appeal, we need not

and do not consider the petitioner’s second claim, that the court improperly

concluded that it lacked jurisdiction over the petition. The court, in its

discretion, may choose to revisit this issue during the proceedings on

remand, provided that it does so consistent with the procedure set forth in

this opinion.

3 We do not construe the grounds set forth in the petition for a writ of

habeas corpus because it is unnecessary for us to do so.

4 The respondent suggests, and we agree, that, in light of the rationale of

the court’s order, its reference to Practice Book § 23-39, which governs

depositions in habeas matters, appears to be a scrivener’s error. The rationale

of the court’s order strongly suggests that the court intended to refer to

Practice Book § 23-29, which governs dismissals of habeas petitions for

lack of jurisdiction. Accordingly, in this opinion, we will construe the court’s

ruling to have been made pursuant to § 23-29.

5 General Statutes § 52-470 (g) provides: ‘‘No appeal from the judgment

rendered in a habeas corpus proceeding brought by or on behalf of a person

who has been convicted of a crime in order to obtain such person’s release

may be taken unless the appellant, within ten days after the case is decided,

petitions the judge before whom the case was tried or, if such judge is

unavailable, a judge of the Superior Court designated by the Chief Court

Administrator, to certify that a question is involved in the decision which

ought to be reviewed by the court having jurisdiction and the judge so certifies.’’

6 First, the record does not suggest that the court denied the petition

on timeliness grounds. Second, although the petition does not reflect the

precision and detail that it might have if it had been prepared by an attorney

skilled in the law, we are mindful that it was filed by the petitioner in a

self-represented capacity after the law firm appointed as his counsel asked

the court to permit it to withdraw its appearance. Under these circumstances,

and mindful of our obligation to construe the pleadings filed by self-represented litigants liberally; see, e.g., Kaddah v. Commissioner of Correction,

299 Conn. 129, 140, 7 A.3d 911 (2010); we conclude that the petition reasonably may be interpreted so as to encompass the court’s decision to dismiss

the petition sua sponte in reliance on Practice Book § 23-29 without first

providing the petitioner notice of its intent to dismiss the petition or an

opportunity to respond in writing.

7 Practice Book § 23-32 provides in relevant part that ‘‘[t]he petitioner may

amend the petition at any time prior to the filing of the return. . . .’’ As we

stated previously in this opinion, the court’s scheduling order provided that

the petitioner had until January 20, 2020, to file an amended petition. Also,

the order provided that the respondent had until February 20, 2020, or thirty

days from the petitioner’s filing of an amended petition, to file a return. At

the time that the court dismissed the petition, the petitioner had not filed

an amended petition, the respondent had not filed a return, and neither

party had filed a certificate of closed pleadings.

8 Practice Book § 23-24 provides: ‘‘(a) The judicial authority shall promptly

review any petition for a writ of habeas corpus to determine whether the writ

should issue. The judicial authority shall issue the writ unless it appears that:

‘‘(1) the court lacks jurisdiction;

‘‘(2) the petition is wholly frivolous on its face; or
‘‘(3) the relief sought is not available.

‘‘(b) The judicial authority shall notify the petitioner if it declines to issue

the writ pursuant to this rule.’’

9 We may infer that the habeas court issued the writ in the present case

no later than October 31, 2016, when it assigned a docket number to the

habeas action and granted the petitioner’s request for appointment of counsel and his application for a waiver of fees. In Gilchrist, our Supreme Court

explained that, ‘‘when a petition for a writ of habeas corpus alleging a claim

of illegal confinement is submitted to the court, the following procedures

should be followed. First, upon receipt of a habeas petition that is submitted

under oath and is compliant with the requirements of Practice Book § 23-

22; see Practice Book §§ 23-22 and 23-23; the judicial authority must review

the petition to determine if it is patently defective because the court lacks

jurisdiction, the petition is wholly frivolous on its face, or the relief sought

is unavailable. . . . If it is clear that any of those defects are present, then

the judicial authority should issue an order declining to issue the writ, and

the office of the clerk should return the petition to the petitioner explaining

that the judicial authority has declined to issue the writ pursuant to § 23-

24. . . . If the judicial authority does not decline to issue the writ, then it

must issue the writ, the effect of which will be to require the respondent

to enter an appearance in the case and to proceed in accordance with

applicable law. At the time the writ is issued, the court should also take

action on any request for the appointment of counsel and any application

for the waiver of filing fees and costs of service. . . . After the writ has

issued, all further proceedings should continue in accordance with the procedures set forth in our rules of practice, including Practice Book § 23-29.’’

(Citations omitted; emphasis added.) Gilchrist v. Commissioner of Correction, supra, 334 Conn. 562–63.