Davenport v. Premo

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Standing
  • Date Filed: 05-01-2013
  • Case #: A145538
  • Judge(s)/Court Below: Schuman, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
  • Full Text Opinion

An appeal is moot when an inmate seeks habeas corpus relief, is subsequently transferred to a correctional facility out of state, and cannot demonstrate that the appeal would have a practical effect on his rights.

Plaintiff-Inmate sought habeas corpus relief, alleging that the state was indifferent to his medical condition, attention deficit hyperactive disorder (ADHD), after being denied Ritalin. While that appeal was pending, Inmate filed a motion to determine mootness after being transferred to a correctional facility in Connecticut. Inmate argued that the appeal was not moot in spite of the transfer because the correctional facility in Connecticut also denied him Ritalin and a favorable decision by the Oregon Court of Appeals could persuade the Connecticut facility to change its decision. The Court of Appeals held that, because Inmate failed to demonstrate that Oregon prison officials influence Inmate's treatment in Connecticut, the appeal would have no practical effect on his rights. Motion to determine mootness granted; appeal dismissed as moot.

Advanced Search