ORDERS:
ORDER GRANTING DISMISSAL FOR MOOTNESS
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Henry Beckman (Beckman)
by arguing the appeal is moot. The motion is granted.
II. Analysis
"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). 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. Beckman seeks an order restoring good time credit taken while he was in the
custody of DOC. Restoring the credit would allow for an earlier release date. However, Beckman has
already been released from custody. Accordingly, restoring the good time credit will have no practical effect
on the existing controversy and this matter must be dismissed as moot.
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: March 29, 2001
Columbia, South Carolina |
