Connecticut General Statutes

Conn. Gen. Stat. § 54-166 (2025)

Appearance of accused in court. Habeas corpus

✓ laws through the 2024 session: the source has not yet published 2025 Public Acts (checked Sept. 2026)
Find cases: SyfertCases citing this section CT-CGAcga.ct.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he is first taken forthwith before a judge of any court having criminal jurisdiction in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel states that he or they desire to test the legality of his arrest, the judge of such court shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the state's attorney of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.

(1957, P.A. 362, S. 10; 1959, P.A. 28, S. 156.)

History: 1959 act deleted reference to trial justice.

Prior to 1960: Court of Common Pleas may, in its discretion, admit prisoner to bail pending appeal from its decision dismissing writ of habeas corpus. 100 C. 291. Demanding state is forum in which issue of violation of due process must be raised; argument re arrest must be confined to legalities. 151 C. 155. Indigent must be afforded means to assert his rights on such hearings. 157 C. 403. Cited. 159 C. 150. United States court will not ordinarily issue writ pending final determination of case in state courts. 160 U.S. 231. Cited. 171 C. 366; 186 C. 404; 188 C. 364; 190 C. 631; 193 C. 270; 196 C. 309; 218 C. 791.

Scope and limits of the hearing on habeas corpus discussed; in habeas corpus proceeding, plaintiff argued that his return to North Carolina would be in violation of his constitutional rights, particularly those relating to cruel and unusual punishment, excessive fines and right to counsel; held that, if his constitutional rights were violated, his remedy lies in an appeal from the decision of the North Carolina court. 21 CS 12.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1959–2024 · leading case: Hammond v. Comm'r of Corr., 792 A.2d 774 (Conn. 2002).
Hammond v. Comm'r of Corr., 792 A.2d 774 (Conn. 2002). · cites it 4× “26 Indeed, because a habeas petition is the appropriate vehicle for contesting extradition; see General Statutes § 54-166; 27 the petitioner would have been required to file a habeas petition to challenge this state’s efforts to extradite him even if he had been released on bail…”
Wentworth v. Bourbeau, 449 A.2d 1015 (Conn. 1982). · cites it 10× “This appeal questions whether the requisition documents presented to the state of Connecticut by the state of Utah were sufficient to extradite the plaintiff to Utah under the Uniform Criminal Extradition Act, and whether the trial court’s failure to advise the plaintiff of his…”
Barrila v. Blake, 461 A.2d 1375 (Conn. 1983). · cites it 3× “3 Instead, relying on General Statutes § 54-166, 4 the petitioner filed the instant application for a writ of habeas corpus to test the legality of his confinement.”
Johnson v. Manson, 493 A.2d 846 (Conn. 1985). · cites it 2× “There is no question but that the petitioner was timely informed of this right in Florida and that he elected not to waive extradition and instead chose to apply for the writ. Florida Stat. Annot. § 941.26 (West 1973); see General Statutes § 54-181.”
Ross v. Hegstrom, 254 A.2d 556 (Conn. 1969). · cites it 5× “See General Statutes § 54-166. It is his claim that the confinement is illegal because the Commonwealth of Kentucky has failed to produce “sufficient evidence” that he has fled from justice in that jurisdiction.”
Parks v. Bourbeau, 477 A.2d 636 (Conn. 1984). · cites it 2× “nnecticut state trooper, on a rendition warrant issued by the governor of Connecticut under *272 date of October 10,1980, that his extradition is sought by the state of Florida for the alleged crime of “Burglary into a Structure,” and that he was arraigned on the rendition…”
Johnson v. Warden, State Prison, 591 A.2d 407 (Conn. 1991). · cites it 2× “” The pertinent provision of § 10 of the Uniform Criminal Extradition Act is codified in Connecticut as General Statutes § 54-166, which provides: “appearance of accused in court, habeas corpus.”
Collins v. York, 267 A.2d 668 (Conn. 1970). · cites it 2× “189 of the 1967 Public Acts, authorizes the judges of the Circuit Court to appoint public defenders to defend criminal cases in that court and provides that a public defender appointed by the judges of the Circuit Court may “represent indigent accused charged under the…”
Carino v. Watson, 370 A.2d 950 (Conn. 1976). · cites it 2× “The plaintiff surrendered himself on April 8, 1976, and, as permitted by § 54-166, immediately petitioned the Superior Court for a writ of habeas corpus, challenging the legality of his arrest under that arrest warrant.”
Glavin v. Warden, 311 A.2d 86 (Conn. 1972). · cites it 3× “Before 'the completion of extradition proceedings by the demanding state and the issuance of a rendition warrant by the governor, an accused person may be arrested pursuant to General Statutes §§ 54-169 and 54-170.”
DeGenna v. Grasso, 413 F. Supp. 427 (D. Conn. 1976). · cites it 2× “Connecticut law provides that before a person arrested on said warrant may be delivered over to the agent of the demanding state, he must be presented before a judge of a state court of competent jurisdiction, who shall inform him of the demand made for his surrender and of the…”
Cuba-Diaz v. Town of Windham, 274 F. Supp. 2d 221 (D. Conn. 2003). “sence of a judge of any court having criminal jurisdiction within this state a writing which states that he consents to return to the demanding state; provided, before such waiver is executed or subscribed by such person, such judge shall inform such person of his rights to the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.