Dunn v. Board of Parole

"Collateral consequences may prevent a dispute from becoming moot in certain instances." Barnes v. Thompson, 159 Or App 383, 386, 977 P2d 431, rev den, 329 Or 447 (1999).

Petitioner committed new crimes, and thus violated the terms of his post-prison supervision, consequently, the Board of Parole and Post-Conviction Supervision imposed a 120-day jail sanction on Petitioner and revoked his post-prison supervision as well. Because Petitioner waived his formal evidentiary hearing, Petitioner argued his waiver was not “knowing and voluntary,” and subsequently Petitioner will have collateral consequences flow from the finding of his violation. The Board argued that Petitioner’s contentions are moot because Petitioner already served the sanction and had been convicted of the underlying offenses that lead to the sanction. "Collateral consequences may prevent a dispute from becoming moot in certain instances." Barnes v. Thompson, 159 Or App 383, 386, 977 P2d 431, rev den, 329 Or 447 (1999). The Court held that Petitioner’s claims were moot and potential collateral consequences were too speculative for the Court to grant Petitioner relief because the inquiry required the Court to speculate whether Petitioner could succeed on appeal which was too remote. Petition for review dismissed as moot.