ORDERS:
ORDER GRANTING DISMISSAL FOR MOOTNESS
Grievance No. TRCI-444-00-UY
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Darrell Copeland
(Copeland) by arguing the appeal is moot. After reviewing the arguments, the motion to dismiss 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). Moreover, 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 since no actual controversy remains. DOC has now agreed that Copeland is not
guilty of sexual misconduct and DOC will restore the 90 days of lost good time credits.
III. Order
The Motion to Dismiss is GRANTED and this matter is ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: March 29, 2001
Columbia, South Carolina |
