State v. Legg

The court of appeals has the same authority to overturn its own precedent as does the Supreme Court and did not err in this case in concluding that collateral legal consequences will not be presumed when an appeal from a probation revocation has otherwise become moot. While Defendant’s appeal of the revocation of his probation was in process, Defendant completed the sentence required by the revocation and was released. Although two of its prior decisions had contradictory holdings, the court of appeals dismissed Defendant’s case as moot because of his release. The Supreme Court affirmed, holding (1) the court of appeals acted appropriately in overturning its prior precedent in this case; and (2) although collateral legal consequences are presumed to avoid mootness in appeals of criminal convictions, they are not presumed for appeals of probation revocations, and therefore, any defendant wishing to continue a moot appeal of a probation revocation must establish collateral legal consequences. View "State v. Legg" on Justia Law

Posted in: Criminal Law

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