Norman Brown v. State of Connecticut (2010)

MEMORANDUM OF DECISION

Facts:  The essential facts of this case are not disputed and include:

(1) The Petitioner entered a guilty plea to a charge of Sale of Cocaine CGS Sec. 21-277(a) on November 13, 2003.

(2) The Petitioner received incorrect advise from his attorney regarding the affect his plea would have on his immigration status.  (See Petitioner's Exhibit A.)

(3) The Court that conducted the plea canvas did not advise the Petitioner of the immigration consequences that could result from his plea.  (See Petitioner's Exhibit A.)

(4) The Petitioner is not in custody.

(5) The petition was filed in May of 2010.

Although the Respondent does not contest the essential facts of this petition, it does argue that this Court does not have jurisdiction because the petition has been filed more than three years from the date of the judgment.

The Courts of this state have consistently held that a Writ of Error Coram Nubis cannot be entertained more than three years after the original judgment was entered.  State v. Grisgraben, 193 Conn. 383, 385 (1981), State v. Das, 291 Conn. 356, 372 (2009).   The three-year limit for jurisdiction has long since passed.   This Court is without the power to grant the relief requested.

The petition is dismissed.

O'Keefe, J.

O'Keefe, Thomas V., J.