Vincenzo v. Warden

This is an appeal from the dismissal of a habeas corpus petition that requires this court to explore the outer limits of jurisdiction relative to the ephemeral and complex boundaries of the Great Writ.1 The petitioner claims that the habeas court improperly dismissed his petition because it failed to find that the state board of parole is subject to the rule-making provisions of the Uniform Administrative Procedure Act (UAPA), General Statutes 4-166 et seq. The habeas court dismissed the petition upon determining that the petitioner's claimed right to parole was not an interest sufficient to give rise to habeas relief. While the petitioner urges that we reach the merits of his claim, at oral argument we questioned counsel about the issue of the habeas court's jurisdiction over the subject matter. We must resolve this issue before reaching the merits of this appeal. This court has jurisdiction to determine whether a trial court had jurisdiction. Drake v. Planning & Zoning Commission, 14 Conn. App. 583, 541 A.2d 1251 (1988) (en banc). Because we conclude that no liberty interest was implicated by the petitioner's claim, the habeas court lacked jurisdiction over the subject matter. That court, therefore, properly dismissed the petition.