ORDERS:
ORDER OF DISMISSAL
GRIEVANCE NO. MSU-0243-00
On December 18, 2000, Respondent South Carolina Department of Corrections filed a Motion to Dismiss this matter. Respondent
asserts that Appellant's sentence for Taking of Hostage By Inmate has been changed to run concurrently, rather than consecutively.
The Department provided a Conviction Summary (1) showing that the sentence is running concurrently. Therefore, Appellant has
received the relief sought under this appeal. Because this tribunal can provide no further relief, this appeal has been rendered moot.
The South Carolina Supreme Court has stated:
This Court will not pass on moot and academic questions or make an adjudication where there remains no actual controversy.
Wallace v. City of York, S.C., 281 S.E.2d 487 (1981). A case becomes moot when judgment, if rendered, will have no practical legal
effect upon existing controversy. This is true when some event occurs making it impossible for reviewing Court to grant effectual
relief. Such is the situation here. Mathis v. South Carolina State Highway Dept., 260 S.C. 344, 195 S.E.2d 713 (1973).
Jones v. Dillon-Marion Human Resources Development Commission, 277 S.C. 533, 291 S.E.2d 195 (1982); see Dodge v. Dodge,
332 S.C. 401, 505 S.E.2d 344 (Ct. App. 1998).
IT IS THEREFORE ORDERED that Respondent's motion to dismiss is hereby GRANTED.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
December 29, 2000
Columbia, South Carolina
1. Exhibit 1 to Respondent's Motion to Dismiss. |
