Brown v. Vanihel

Ct. of Appeals dismissed as moot State’s appeal of Dist. Ct.’s order that granted defendant conditional writ of habeas corpus, where, during pendency of instant appeal, State had complied with writ by obtaining vacatur in state court of original judgment of defendant’s conviction and by seeking re-trial of defendant. State’s appeal was moot because once defendant had been released from custody after his conviction had been vacated, Dist. Ct.’s jurisdiction over defendant’s case came to end. Similarly, Dist. Ct. lacked jurisdiction to grant defendant’s request for unconditional writ barring re-prosecution of defendant, which was subject of defendant’s cross-appeal. Ct. of Appeals alternatively found that vacatur of defendant’s conviction also rendered State’s appeal moot under Article III. Too, State could have avoided instant dismissal of its appeal by staying Dist. Ct.’s issuance of conditional writ pending its appeal and by refraining from initiating pretrial proceedings in state court and by moving state court to vacate underlying conviction.