Alexander

Massachusetts Appeals Court

Alexander

397 N.E.2d 334, 8 Mass. App. Ct. 933, 1979 Mass. App. LEXIS 1009

DecidedNovember 27, 1979

StatusPublished

This text of 397 N.E.2d 334 (Alexander) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander, 397 N.E.2d 334, 8 Mass. App. Ct. 933, 1979 Mass. App. LEXIS 1009 (Mass. Ct. App. 1979).

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Opinion

This is a petition for a writ of habeas corpus brought against the superintendent of the Massachusetts Correctional Institution at Walpole for the purpose of securing a determination of the deductions from his sentence to which the petitioner was entitled under the provisions of G. L. c. 127, §§ 129, 129B and 129D. See Beaton, petitioner, 354 Mass. 670, 671 (1968). The petitioner was discharged from further imprisonment (G. L. c. 127, § 129) pending his appeal from the judgment of the Superior Court dismissing his petition. His counsel conceded at the argument that the Commissioner of Correction and the superintendent have now changed the manner in which they administer the provisions of the relevant statutes, and no sound reason has been advanced why the case has not become moot. Compare Jones v. Superintendent, Massachusetts Correctional Institution, Bridgewater, 5 Mass. App. Ct. 880 (1977). Contrast Pina v. Superintendent, Massachusetts Correctional Institution, Walpole, 376 Mass. 659, 663-664 (1978). Accordingly, we vacate the judgment appealed from with a notation that our decision is not on the merits and remand the case to the Superior Court with the direction to dismiss the petition on the ground that it is moot.

So ordered.

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This is a petition for a writ of habeas corpus brought against the superintendent of the Massachusetts Correctional Institution at Walpole for the purpose of securing a determination of the deductions from his sentence to which the petitioner was entitled under the provisions of G. L. c. 127, §§ 129, 129B and 129D. See Beaton, petitioner, 354 Mass. 670, 671 (1968). The petitioner was discharged from further imprisonment (G. L. c. 127, § 129) pending his appeal from the judgment of the Superior Court dismissing his petition. His counsel conceded at the argument that the Commissioner of Correction and the superintendent have now changed the manner in which they administer the provisions of the relevant statutes, and no sound reason has been advanced why the case has not become moot. Compare Jones v. Superintendent, Massachusetts Correctional Institution, Bridgewater, 5 Mass. App. Ct. 880 (1977). Contrast Pina v. Superintendent, Massachusetts Correctional Institution, Walpole, 376 Mass. 659, 663-664 (1978). Accordingly, we vacate the judgment appealed from with a notation that our decision is not on the merits and remand the case to the Superior Court with the direction to dismiss the petition on the ground that it is moot.

So ordered.

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Bluebook (online)

397 N.E.2d 334, 8 Mass. App. Ct. 933, 1979 Mass. App. LEXIS 1009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-massappct-1979.

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