Montana v. Donald Glenn Imlay (506 U.S. 5)
U.S. Supreme Court · decided November 3, 1992 · Supreme Court Database (Spaeth)
- Citation
- 506 U.S. 5 · 113 S. Ct. 444
- Decided
- November 3, 1992
- Term
- October Term 1992
- Vote
- 8–0
- Issue area
- Judicial Power
- Disposition
- Petition denied or appeal dismissed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Stevens, concurring. When the trial judge revoked respondent’s parole, he reinstated a 5-year sentence of imprisonment. On appeal, the Montana Supreme Court, in the decision before us, vacated the revocation order and remanded the case for resentencing. 249 Mont. 82, 813 P. 2d 979 (1991). The trial court subse *6 quently resentenced respondent, again to a 5-year term of imprisonment, and the Montana Supreme Court upheld that sentence in a judgment not now before us for review. Thus, no matter which party might prevail in this Court, the respondent’s term of imprisonment will be the same. At oral argument, neither counsel identified any way in which the interests of his client would be advanced by a favorable decision on the merits — except, of course, for the potential benefit that might flow from an advisory opinion. * Because it is not the business of this Court to render such opinions, it wisely decides to dismiss a petition that should not have been granted in the first place. Indeed, counsel for the State went so far as to explain that a victory for Montana on the merits would actually work to the advantage of respondent, by subjecting him to treatment leading to parole eligibility: “Question: So you’re really trying to advance his [respondent’s] interests? “[Answer]: Yes, sir, we are. “Question: He is better off if you win than if you lose. “[Answer]: In our…
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