Spencer v. Kemna

523 U.S. 1, 118 S. Ct. 978, 140 L. Ed. 2d 43, 1998 U.S. LEXIS 1597
CourtSupreme Court of the United States
DecidedMarch 3, 1998
Docket96-7171
StatusPublished
Cited by3,372 cases

This text of 523 U.S. 1 (Spencer v. Kemna) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spencer v. Kemna, 523 U.S. 1, 118 S. Ct. 978, 140 L. Ed. 2d 43, 1998 U.S. LEXIS 1597 (1998).

Opinions

Justice Scalía

delivered the opinion of the Court.

In his petition for a writ of habeas corpus, Randy G. Spencer seeks to invalidate a September 24,1992, order revoking his parole. Because Spencer has completed the entire term of imprisonment underlying the parole revocation, we must decide whether his petition is moot.

1 — !

On October 17, 1990, petitioner began serving concurrent 3-year sentences in Missouri on convictions of felony stealing and burglary. On April 16,1992, he was released on parole, but on September 24,1992, the Missouri Board of Probation and Parole, after hearing, issued an Order of Revocation revolting the parole. The order concluded that petitioner had violated three of the conditions, set forth in Missouri’s Code of Regulations, Title 14, §80-3.010 (1992), that a Missouri inmate must comply with in order to remain on parole:

“NOW, THEREFORE, after careful consideration of evidence presented, said charges which warrant revocation are sustained, to wit:
[4]*4“#1-LAWS: I will obey all federal and state laws, municipal and county ordinances. I will report all arrests to my Probation and Parole Officer within 48 hours. “#6~DRUGS: I will not have in my possession or use any controlled substance except as prescribed for me by a licensed medical practitioner.
“#7-WEAPONS: I will, if my probation or parole is based on a misdemeanor involving firearms or explosives, or any felony charge, not own, possess, purchase, receive, sell or transport any firearms, ammunition or explosive device or any dangerous weapon as defined by federal, state or municipal laws or ordinances.” App. 55-56.

The specific conduct that violated these conditions was described only by citation of the parole violation report that the board used in making its determination: “Evidence relied upon for violation is from the Initial Violation Report dated 7-27-92.” Id., at 56.

That report, prepared by State Probation and Parole Officer Jonathan Tintinger, summarized a June 3, 1992, police report prepared by the Kansas City, Missouri Police Department, according to which a woman had alleged that petitioner, after smoking crack cocaine with her at a local crack house and later at his own home, pressed a screwdriver against her side and raped her. According to the Kansas City report, petitioner had admitted smoking crack cocaine with the woman, but claimed that the sexual intercourse between them had been consensual. Officer Tintinger’s report then described his own interview with petitioner, at which petitioner again admitted smoking crack cocaine with the woman, denied that he had pressed a screwdriver to her side, and did not respond to the allegation of rape. Finally, after noting that “Spencer [was] a registered sex offender, having been given a five-year prison sentence for Sodomy in 1983,” id., at 75, Officer Tintinger’s report tentatively recommended that petitioner’s parole be continued, but that he be [5]*5placed in a drug treatment center. The report withheld making “an ultimate recommendation based on the alleged [rape and dangerous weapon] violations” until the prosecuting attorney’s office had a chance to dispose of those charges. Id., at 76. “In the event formal charges are ultimately filed,” it said, “a separate recommendation will be forthcoming.” Ibid. Petitioner was never charged, but a September 14, 1992, followup report prepared by Institutional Parole Officer Peggy McClure concluded that “there [did] appear to be significant evidence that Spencer ha[d] violated the conditions of his parole as stated,” and recommended that petitioner’s parole be revoked. Id., at 64. Officer McClure’s report is not mentioned in the Order of Revocation.

On being returned to prison, petitioner began his efforts to invalidate the Order of Revocation. He first sought relief in the Missouri courts, but was rejected by the Circuit Court of De Kalb County, the Missouri Court of Appeals, and, finally, the Missouri Supreme Court. Then, on April 1,1993, just over six months before the expiration of his 3-year sentence, petitioner filed a petition for a writ of habeas corpus, see 28 U. S. C. §2254, in the United States District Court for the Western District of Missouri, alleging that he had not received due process in the parole revocation proceedings.1 [6]*6Over petitioner’s objections, the District Court granted the State two requested extensions of time to respond to the petition, deferring the deadline from June 2,1993, until July 7, 1993. On July 14, 1993, after receiving the State’s response, petitioner filed a lengthy “Motion and Request for Final Disposition of this Matter,” in which he requested that the District Court expedite decision on his ease in order to prevent his claim from becoming moot. Before the District Court responded to this motion, however, on August 7,1993, petitioner was re-released on parole, and, two months after that, on October 16, 1993, the term of his imprisonment expired. On February 3,1994, the District Court “noted” petitioner’s July motion, stating that “[t]he resolution of this ease will not be delayed beyond the requirements of this Court’s docket.” App. 127. Then, on August 23,1995, the District Court dismissed petitioner’s habeas petition. “Because,” it said, “the sentences at issue here have expired, petitioner is no longer ‘in custody5 within the meaning of 28 U. S. C. § 2254(a), and his claim for habeas corpus relief is moot.” Id., at 130.

The United States Court of Appeals for the Eighth Circuit affirmed the District Court’s judgment,2 concluding that, under our decision in Lane v. Williams, 455 U. S. 624, 632 (1982), petitioner’s claim had become moot because he suffered no “collateral consequences” of the revocation order. 91 F. 3d 1114 (1996). (It acknowledged that this interpretation of Lane did not accord with that of the Second and Ninth Circuits in United States v. Parker, 952 F. 2d 31 (CA2 1991), [7]*7and Robbins v. Christianson, 904 P. 2d 492 (CA 91990).) We granted certiorari. 520 U. S. 1165 (1997).

II

The District Court’s conclusion that Spencer’s release from prison caused his petition to be moot because it no longer satisfied the “in custody” requirement of the habeas statute was in error. Spencer was incarcerated by reason of the parole revocation at the time the petition was filed, which is all the “in custody” provision of 28 U. S. C. § 2254 requires. See Carafas v. LaVallee, 391 U. S. 234, 238 (1968); Maleng v. Cook, 490 U. S. 488, 490-491 (1989) (per curiam). The more substantial question, however, is whether petitioner’s subsequent release caused the petition to be moot because it no longer presented a case or controversy under Article III, § 2, of the Constitution. “This case-or-eontroversy requirement subsists through all stages of federal judicial proceedings, trial and appellate.... The parties must continue to have a ‘personal stake in the outcome’ of the lawsuit.”

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Bluebook (online)
523 U.S. 1, 118 S. Ct. 978, 140 L. Ed. 2d 43, 1998 U.S. LEXIS 1597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-kemna-scotus-1998.