Donald Lee Taylor v. Marvin Plumley, Warden

Supreme Court of Appeals of West Virginia · October 4, 2013 · No. No. 12-1211

Summary

The West Virginia Supreme Court of Appeals dismissed as moot Donald Lee Taylor’s appeal from the denial of his habeas corpus petition challenging the Parole Board’s denial of parole. The appeal became moot because Taylor was released on parole before the appellate decision.

Holdings

  1. Taylor's release on parole rendered moot his appeal challenging the April 2012 denial of parole because a decision would no longer provide effective relief concerning that denial.

Questions Presented

  1. Whether Taylor's appeal from the denial of parole was rendered moot when he was released on parole while the appeal was pending.

Disposition

dismissed

Cases Cited (2)

  • State ex rel. Lilly v. Carter, 63 W. Va. 684, 60 S.E. 873 (1908)(followed)
  • State ex rel. McCabe v. Seifert, 220 W. Va. 79, 640 S.E.2d 142 (2006)(followed)

Cited In (0)

No citing cases on record yet.

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