ORDERS:
ORDER GRANTING DISMISSAL FOR MOOTNESS
Grievance No. BRCI-0137-00
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of
Charles E. Brown (Brown) by arguing the appeal is moot. After reviewing the
arguments, the motion to dismiss is granted.
II. Analysis
The issue in this motion is whether the appeal by Brown is moot. "A case becomes
moot when judgment, if rendered, will have no practical effect upon [the] existing
controversy." Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 346, 195
S.E.2d 713, 715 (1973). The significance of a case being moot is that generally, a
court will not pass on moot and academic questions or make an adjudication where
there remains no actual controversy. Byrd v. Irmo High School, 321 S.C. 426, 431,
468 S.E.2d 861, 864 (1996).
Here, the appeal is moot. Brown seeks the restoration of lost good time credits
which, if restored, will serve to lessen the length of his time to be served. However, Brown has
now been released. Thus, a judgment restoring the lost credits will have no practical effect upon
the existing controversy.
III. Order
The Motion to Dismiss is GRANTED and this case is ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: August 17, 2001
Columbia, South Carolina |