RIVERA v. MISSOURI DEPARTMENT OF CORRECTIONS (2018)

Missouri Court of Appeals, Western District.

Alesia RIVERA, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

WD 81007

Decided: June 12, 2018

Before Division One: Lisa White Hardwick, Presiding Judge, Thomas H. Newton and Anthony Rex Gabbert, Judges

Samuel Henderson, St. Louis for appellant. Andrew J. Crane, Jefferson City for respondent.

Alesia Rivera appeals the circuit court's judgment denying her petition for a writ of mandamus. Rivera had sought to compel the Missouri Department of Corrections (“the Department”) to allow her to appeal the parole board's decision denying her parole. While this appeal was pending, the parole board released Rivera on parole on March 5, 2018. The Department has filed a motion to dismiss asserting that the appeal is now moot, because the parole board's decision that Rivera sought to challenge in her writ petition is no longer in effect and she has been released from prison. Thus, the Department contends that there is no remaining legal controversy between the parties and no effective relief that this court could grant. See In Interest of J.T.S., 462 S.W.3d 475, 477 (Mo. App. W.D. 2015).

We find that the Department's motion is well taken. The Department's motion to dismiss the appeal as moot is granted. See Brown v. Moore, 126 S.W.3d 465, 465–66 (Mo. App. W.D. 2004).

Appeal dismissed.

Lisa White Hardwick, Judge

All Concur.

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