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O'Brien v. Brown

Supreme Court of Vermont
Feb 7, 1990
573 A.2d 295 (Vt. 1990)

Opinion

No. 87-528

February 7, 1990.

Appeal from Franklin Superior Court.


Appellant challenges the trial court's dismissal of his habeas corpus petition. We affirm.

Appellant's petition is moot. Generally, when no live controversy exists, or when the parties no longer have a legally cognizable interest in the outcome, a case is moot. In re A.K., 153 Vt. 462, 465, 571 A.2d 75, 77 (1990); In re S.H., 141 Vt. 278, 280, 448 A.2d 148, 149 (1982). Appellant's conviction of the underlying offense extinguished his legal interest in the habeas corpus petition. The case does not fall within the "capable of repetition" or "collateral consequences" exceptions to the mootness doctrine. In re Green Mountain Power Corp., 148 Vt. 333, 335, 532 A.2d 582, 583-84 (1987).

We agree that the decision in State v. Begins, 147 Vt. 295, 514 A.2d 719 (1986), should apply to parole revocation hearings. We hold that it does, but affirm the trial court's dismissal of appellant's petition as moot.

Affirmed.


Summaries of

O'Brien v. Brown

Supreme Court of Vermont
Feb 7, 1990
573 A.2d 295 (Vt. 1990)
Case details for

O'Brien v. Brown

Case Details

Full title:Kevin Neil O'BRIEN v. Andrew BROWN, Parole Officer, William White…

Court:Supreme Court of Vermont

Date published: Feb 7, 1990

Citations

573 A.2d 295 (Vt. 1990)
573 A.2d 295

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