Rodriguez v. North Dakota State Penitentiary

Rodriguez, 2014 ND 49 (N.D. 2014) · Supreme Court of North Dakota · March 11, 2014 · No. 20130335

Summary

Ricky James Rodriguez appealed the denial of his petition for a writ of mandamus seeking recalculation of his parole eligibility based on credit for time previously served. The North Dakota Supreme Court held the issue was moot because Rodriguez became eligible for parole before the appeal was decided. The court dismissed the appeal without reaching the merits.

Holdings

  1. The appeal was moot because Rodriguez's parole eligibility had occurred, making it impossible for the Court to grant him effective relief.
  2. The capable-of-repetition-yet-evading-review exception did not apply because any future occurrence of the issue could be reviewed without evading judicial review.
  3. The great-public-interest exception did not apply because Rodriguez did not argue or demonstrate that the controversy was one of great public concern.

Questions Presented

  1. Whether Rodriguez's appeal concerning the calculation of his parole eligibility was moot after he became eligible for parole.
  2. Whether an exception to the mootness doctrine applied because the issue was capable of repetition yet evading review or involved a question of great public interest and the authority of public officials.

Disposition

dismissed

Cases Cited (3)

  • State v. Grager, 2006 ND 102, ¶ 11, 713 N.W.2d 531(followed)
  • State v. Patten, 366 N.W.2d 459, 460 (N.D. 1985)(followed)
  • State v. Hansen, 2006 ND 139, ¶¶ 7-9, 717 N.W.2d 541(followed)

Cited In (0)

No citing cases on record yet.

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