Bowers v. Board of Parole

The party asserting that a matter has become moot bears the burden of demonstrating that a court’s decision no longer has the required practical effect. State v. K.J.B., 362 Or. 777, 786 (2018). This includes establishing that any collateral effects that have been identified either do not exist or are legally insufficient. State v. K.J.B., 362 Or. 777, 786 (2018).

Petitioner was convicted of first-degree burglary, criminal impersonation, eluding police, and failure to register as a sex offender. Petitioner was sentenced to 75 months incarceration with 24 months’ post-prison supervision for conviction of failure to register. Respondent released Petitioner from physical custody and imposed special conditions of post-prison supervision. After review of Petitioner’s post-prison supervision expired, Petitioner argued that the review was not moot because the decision regarding the sufficiency of evidence supporting post-prison supervision special conditions will have significant collateral consequences. In response, Respondent argued that there’s no evidence that they ordered Petitioner to pay fees and that the supposed effect on Petitioner is speculative. The party asserting that a matter has become moot bears the burden of demonstrating that a court’s decision no longer has the required practical effect. State v. K.J.B., 362 Or. 777, 786 (2018). This includes establishing that any collateral effects that have been identified either do not exist or are legally insufficient. State v. K.J.B., 362 Or. 777, 786 (2018). The Court held that the matter has become moot because there was no evidence that Respondent sought to recover any costs from Petitioner or that it intended to do so in the future. Petition for judicial review dismissed.