Miller v. State

288 Ga. 153 (Ga. 2010) · Supreme Court of Georgia · November 1, 2010 · No. S10G0670

Summary

The Supreme Court of Georgia held that Terry Lynn Miller's challenges to a suspended probation revocation and his request for a county-paid transcript became moot after he completed a substance abuse treatment program and returned to probation. Because Miller did not demonstrate adverse collateral consequences, the court vacated the Court of Appeals' opinion and remanded for further proceedings.

Holdings

  1. Miller's challenge to the probation revocation became moot when he successfully completed the substance-abuse treatment program and the partial sentence revocation was suspended.
  2. A matter does not become moot when adverse collateral consequences continue to affect the party, but Miller failed to show such consequences on the record, and the court declined to presume them under the circumstances.
  3. Miller's claim that he was entitled to a county-paid transcript of the probation-revocation hearing also became moot when the probation revocation was suspended.

Questions Presented

  1. Whether Miller's challenge to the suspended probation revocation remained justiciable after he completed the substance-abuse treatment program and returned to probation under the original conditions.
  2. Whether Miller's related claim for a county-paid transcript of the probation-revocation hearing remained justiciable after the probation revocation was suspended.
  3. Whether the Court of Appeals' opinion should be vacated because Miller's claims were moot when that court granted his application for appeal.

Disposition

vacated

Cases Cited (5)

  • Miller v. State, 301 Ga. App. 706, 689 S.E.2d 46 (2009)(reversed_or_vacated)
  • Parris v. State, 232 Ga. 687, 689, 208 S.E.2d 493 (1974)(followed)
  • Baker v. State, 240 Ga. 431, 241 S.E.2d 187 (1978)(followed)
  • Ritchie v. State, 257 Ga. App. 149, 570 S.E.2d 435 (2002)(followed)
  • In the Interest of I.S., 278 Ga. 859, 862, 607 S.E.2d 546 (2005)(followed)

Cited In (0)

No citing cases on record yet.

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