Wigley v. Hobbs , 2013 Ark. 379 ( 2013 )


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  •                                       Cite as 
    2013 Ark. 379
    SUPREME COURT OF ARKANSAS
    No.   CV-11-632
    Opinion Delivered October   3, 2013
    WILLIAM J. WIGLEY
    APPELLANT            PRO SE APPEAL FROM THE
    JEFFERSON COUNTY CIRCUIT
    V.                                                   COURT, 35CV-11-110, HON. JODI
    RAINES DENNIS, JUDGE
    RAY HOBBS, DIRECTOR OF
    ARKANSAS DEPARTMENT OF
    CORRECTION
    APPELLEE
    APPEAL DISMISSED.
    PER CURIAM
    While an inmate in the Tucker Unit of the Arkansas Department of Correction (ADC),
    located in Jefferson County, appellant William J. Wigley filed pro se petitions for declaratory
    judgment and writ of mandamus in the Jefferson County Circuit Court based on claims that the
    ADC improperly withheld his meritorious good-time credit and miscalculated his transfer-
    eligibility date. The circuit court entered an order denying appellant’s petitions and dismissing
    the case with prejudice. Appellant brings this appeal.
    Since appellant filed his brief on appeal, he has provided a change of address indicating
    that he has been released from the custody of the ADC. Thus, we take judicial notice that
    appellant is no longer incarcerated. As a general rule, appellate courts of this state will not
    review moot issues, as doing so would be to render an advisory opinion, which this court will
    not do. Bank of Am., N.A. v. Brown, 
    2011 Ark. 446
    . Generally, an issue becomes moot when any
    judgment rendered would have no practical effect upon a then-existing legal controversy. Lott
    v. Langley, 
    2013 Ark. 247
    ; State v. First Serv. Bank of Greenbrier, 
    2013 Ark. 101
    . Because appellant
    Cite as 
    2013 Ark. 379
    is no longer incarcerated, granting the relief requested would have no practical effect such that
    the issue on appeal is moot at this time.
    Appeal dismissed.
    William J. Wigley, pro se appellant.
    Dustin McDaniel, Att’y Gen., by: Pamela A. Rumpz, Ass’t Att’y Gen., for appellee.
    2
    

Document Info

Docket Number: CV-11-632

Citation Numbers: 2013 Ark. 379

Judges: Per Curiam

Filed Date: 10/3/2013

Precedential Status: Precedential

Modified Date: 5/11/2017