Perez v. Commissioner of Correction

The Supreme Court affirmed the judgment of the habeas court dismissing Petitioner’s habeas corpus petition claiming that application of the 2013 substantive and procedural amendments to Conn. Gen. Stat. 54-125a to him violated his state and federal due process and liberty rights, the ex post facto clause of the federal constitution, the separation of powers doctrine, and the equal protection clause of the federal constitution, and was contrary to the language of section 54-125a. The amendments eliminated earned risk reduction credit from the calculation of a violent offender’s parole eligibility date when such credit was not available at the time the offense was committed and altered parole eligibility hearing procedures to allow the Board of Pardons and Paroles to forgo holding a hearing. The habeas court concluded that it would be speculative whether the statutory changes would cause injury to Petitioner because the award of risk reduction credit by the Commissioner of Correction was discretionary. The Supreme Court affirmed but on different grounds, holding that the habeas court lacked jurisdiction over Petitioner’s claims. View "Perez v. Commissioner of Correction" on Justia Law