Opinion

Owen v. Hobbs

  • 2013 Ark. 353
Court
Supreme Court of Arkansas
Filed
Sep 26, 2013
Status
Published
On the bench
Per Curiam
Cited by
0 cases

The opinion

Cite as 2013 Ark. 353

SUPREME COURT OF ARKANSAS

No. CV-11-1063

Opinion Delivered September 26, 2013

RANDY OWEN

APPELLANT PRO SE APPEAL FROM THE

JEFFERSON COUNTY CIRCUIT

V. COURT, 35CV-11-465, HON. JODI

RAINES DENNIS, JUDGE

RAY HOBBS, DIRECTOR, ARKANSAS

DEPARTMENT OF CORRECTION;

LEROY BROWNLEE, CHAIRMAN OF

ARKANSAS PAROLE BOARD;

STEPHEN WILLIAMS, WARDEN

TUCKER UNIT, ET AL.

APPELLEES

APPEAL DISMISSED.

PER CURIAM

While an inmate in the Tucker Unit of the Arkansas Department of Correction, appellant

Randy Owen filed pro se petitions for declaratory judgment and writ of mandamus in the

Jefferson County Circuit Court based on his claim that the Arkansas Parole Board did not follow

its policies and procedures in granting and then rescinding his parole. The circuit court

dismissed appellant’s petitions, and he brings this appeal.

Since appellant filed his brief on appeal, he has provided a change of address indicating

that he has been released from the custody of the Arkansas Department of Correction. Thus,

we take judicial notice that appellant is no longer incarcerated. As a general rule, appellate courts

of this state will not review moot issues, as doing so would be to render an advisory opinion,

which this court will not do. Bank of Am., N.A. v. Brown, 2011 Ark. 446. Generally, an issue

becomes moot when any judgment rendered would have no practical effect upon a then existing

Cite as 2013 Ark. 353

legal controversy. Lott v. Langley, 2013 Ark. 247; State v. First Serv. Bank of Greenbrier, 2013 Ark.

101. Because appellant is no longer incarcerated, granting the relief requested would have no

practical effect.

Appeal dismissed.

Randy Owen, pro se appellant.

Dustin McDaniel, Att’y Gen., by: Dennis R. Hansen, Ass’t Att’y Gen., for appellee.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.