South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Willie Evans, Jr., #241416 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Willie Evans, Jr., #241416

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00525-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER GRANTING MOTION TO DISMISS

This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Willie Evans, Jr., an inmate incarcerated with the Department of Corrections ("Department") since 1997. On March 1, 2000, Inmate Evans pleaded guilty to Violation of Institutional Rules, SCDC Disciplinary Code 3.15. As a result, Inmate Evans received a reprimand, had his Work Program status reduced to Labor Crew status, and failed to earn good time for the month of February. On March 4, 2000, Inmate Evans filed a grievance with the Department, alleging that his punishment was excessive. The Department denied his grievance on July 19, 2000. On February 16, 2001, Inmate Evans was released from custody after completing his sentence.

I find that Inmate Evans' appeal is moot as a result of his release from state custody. 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). Inmate Evans' appeal challenged a punishment he received while he was incarcerated. Because Inmate Beckman has been released, no practical legal effect will result if Inmate Beckman were to prevail in his appeal regarding his punishment. Accordingly, Department's Motion to Dismiss Inmate Beckman's appeal is GRANTED.
 

____________________________________

C. DUKES SCOTT

Administrative Law Judge
 

September 25, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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