ANTHONY R. BAKER JR.
v.
STATE OF FLORIDA
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A petition challenging a detention facility's policy limiting indigent inmate access to legal mail is moot when the petitioner has been released from the facility.
[1] A petition challenging conditions of confinement or detention facility policies becomes moot upon the petitioner's release from the facility, as the court can no longer g…
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Join FLexlaw to unlock all legal intelligence“An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect.”
Court's statement of mootness doctrine citing Godwin v. State
Anthony Baker Jr., an indigent inmate, challenged a detention facility policy limiting indigent inmates to eight free legal envelopes per month as vio…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D17-0600 _____________________________
ANTHONY R. BAKER JR.,
Petitioner,
v.
STATE OF FLORIDA,
Respondent. _____________________________
Petitioner for Writ of Certiorari — Original Jurisdiction.
October 18, 2018
PER CURIAM.
Anthony Baker, Jr., (“Petitioner”), filed a Petition for Writ of Certiorari challenging the trial court’s denial of his Motion to Stop the Detention Facility from Denying and Limiting Indigent Inmate Access to the Court. He claims the policy of the detention facility which limits indigent inmates to only eight free legal envelopes a month, violates his constitutional right to access to courts.
As Petitioner has been released from the detention facility, we dismiss the petition as moot. “An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect.” Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992). On appeal, a case becomes moot where, by a change of circumstances prior to the appellate court’s decision, an intervening event makes it impossible for the judiciary to grant
2
a party any effectual relief. Montgomery v. Dep’t of Health & Rehab. Servs., 468 So. 2d 1014, 1016 (Fla. 1st DCA 1985).
Petition DISMISSED.
LEWIS, MAKAR, and M.K. THOMAS, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Anthony R. Baker Jr., pro se, Petitioner.
Pamela Jo Bondi, Attorney General, and Michael McDermott, Assistant Attorney General, Tallahassee, for Respondent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Montgomery v. Dep't of Health & Rehabilitative Servs., 468 So. 2d 1014 (Fla. 1st DCA 1985)