[DOWNLOAD] "Harold W. Russell v. Donald Fortney" by Court of Appeals of Idaho No. 15779 * Book PDF Kindle ePub Free

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• Title: Harold W. Russell v. Donald Fortney
• Author : Court of Appeals of Idaho No. 15779
• Release Date : January 05, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

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On March 11, 1984, Russell was arrested and placed in the Lewis County jail. He later pled guilty to burglary and grand theft. On October 4 Russell filed a petition for a writ of habeas corpus alleging that his incarceration at the Lewis County jail violated rights guaranteed by the United States constitution and by the Idaho constitution. On October 11 Russell was sentenced to the custody of the Idaho Board of Correction for a fixed term of ten years. See State v. Russell, 109 Idaho 723, 710 P.2d 633 (Ct.App.1985) (order denying motion for reduction of sentence, affirmed). After sentencing, the district court denied Russell's habeas corpus petition. The Judge ruled that Russell's confinement was legal and that the issue was moot in light of Russell's transfer to the penitentiary. Russell has appealed from that order contending that the court erred in ruling that the issues raised by his petition are moot. For the reasons that follow, we affirm. Russell alleges that the conditions under which he was jailed constituted cruel and unusual punishment in contravention of the eighth amendment of the United States constitution and article I, section 6 of the Idaho constitution. On appeal we must accept his factual allegations as true. Mahaffey v. State, 87 Idaho 228, 392 P.2d 279 (1964); Johnson v. State, 85 Idaho 123, 376 P.2d 704 (1962). However, the conditions complained of ceased when he was moved to the state correctional institution. In general, when the requested relief cannot affect the rights of the petitioner the case is moot and a court will not adjudicate it on the merits. Spain v. Stewart, 639 P.2d 166 (Utah 1981). Thus, even though a term of imprisonment was served under unlawful conditions, where the conviction itself is not being attacked (Id.) or the former unlawful conditions of confinement carry no collateral legal consequences (Duran v. Morris, 635 P.2d 43 (Utah 1981)), the controversy will be considered moot. However, where the unlawful conditions of detention have ended, but there are collateral legal consequences that the former prisoner seeks to avoid, the issues are not moot and should be adjudicated by the courts. See Sibron v. New York, 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968); Pinnell v. Cauthron, 540 F.2d 938 (8th Cir.1976); Smith v. State, 94 Idaho 469, 491 P.2d 733 (1971). Russell urges the applicability of yet another recognized exception to the mootness doctrine.

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