Randy G. Spencer v. Mike Kemna, Superintendent, Western Missouri Correctional Center, et al. (523 U.S. 1)
U.S. Supreme Court · decided March 3, 1998 · Supreme Court Database (Spaeth)
- Citation
- 523 U.S. 1 · 118 S. Ct. 978
- Decided
- March 3, 1998
- Term
- October Term 1997
- Vote
- 8–1
- Majority author
- Justice Scalia
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
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: “#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,…
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