ORDERS:
ORDER OF REMAND
This matter comes before the Administrative Law Judge Division (Division) pursuant to the appeal of Chris Johnson, an
inmate incarcerated with the Department of Corrections (Department). The Appellant alleges that the Department
wrongfully convicted him of the Use or Possession of Narcotics, Marijuana or Unauthorized Drugs, Including Prescription
Drugs.
In its Motion to Dismiss filed on November 7, 2001, the Department states that it has overturned the Appellant's conviction
and approval has been granted to conduct a rehearing for this charge. Along with its Motion to Dismiss, the Department
filed a copy of a Step 2 form generated by the Department after this appeal was filed with the Division, which set forth:
Based on the fact that the hearing tape could not be located in order to provide the ALJD a transcript, the conviction of the
Use or Possession of Narcotics, Marijuana or Unauthorized Drugs, Including Prescription Drugs (1.10) on November 30,
2000, will be overturned. However, approval is granted to conduct a rehearing for this charge.
Since the Department has given the Appellant all relief to which he is entitled in that his conviction will be overturned and
his case will be reheard, I find that this appeal is moot. An issue is moot when a "judgment, if rendered, will have no
practical legal effect upon the existing controversy." Mathis v. South Carolina State Highway Dept., 260 S.C. 344, 346, 195
S.E.2d 713, 715 (1973).
IT IS THEREFORE ORDERED that this appeal of Chris Johnson is REMANDED to the Department for it to take such
action as is necessary to overturn Chris Johnson's conviction of Use or Possession of Narcotics, Marijuana or
Unauthorized Drugs, Including Prescription Drugs (1.10) on November 30, 2000 and to grant a rehearing in this matter.
AND IT IS SO ORDERED.
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Ralph King Anderson, III Administrative Law Judge
May 2, 2002
Columbia, South Carolina |