Eichwedel v. Curry

Federal 7th Circuit Court
Criminal Court
Mootness Doctrine
Citation
Case Number: 
No. 09-1031
Decision Date: 
November 2, 2012
Federal District: 
N.D. Ill., W. Div.
Holding: 
Appeal dismissed
Ct. of Appeals granted respondent-prison official’s motion to dismiss as moot petitioner’s appeal from denial of his habeas petition that had challenged respondent’s revocation of six months of good time credit under provision of state statute as penalty for petitioner’s filing of frivolous motion as defined by said statute in litigation against state. Record showed that respondent has now restored all of petitioner’s good-time credits, and petitioner failed to establish any exception to mootness doctrine. Prior to instant ruling, Ct. of Appeals had certified underlying legal question to Ill. Supreme Court.