ORDERS:
ORDER OF REMAND
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Tyrone Jackson,
an inmate incarcerated with the Department of Corrections ("Department"). Appellant alleges that the Department
wrongfully convicted him of Threatening to Inflict Harm on an Employee and/or Members of the Public.
In its Motion to Dismiss filed on January 8, 2002, the Department states that it has overturned Appellant's conviction
because the audio recording of the hearing could not be provided for transcription. As a result, the Department will rehear
the charge.
On January 23, 2001, Appellant filed a copy of a Step 2 form with the Division, which states that the conviction of
Threatening to Inflict Harm on an Employee and/or Members of the Public (1.4) on April 23, 2001, will be overturned and
that a rehearing is granted for the charge. (1)
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 the appeal of Tyrone Jackson in the instant docket is REMANDED to the
Department for it to take such action as is necessary to overturn Tyrone Jackson's conviction of Threatening to Inflict
Harm on an Employee and/or Members of the Public (1.4) on April 23, 2001 and to grant a rehearing in this matter.
AND IT IS SO ORDERED.
____________________________________
C. DUKES SCOTT
Administrative Law Judge
January 24, 2002
Columbia, South Carolina
1. A copy of this form was also attached to the Department's Motion. |