Behrle v. Taylor, Superintendent Eastern Oregon Correctional Institution

When it becomes clear in the course of a judicial proceeding that resolving the merits of a claim “no longer will have a practical effect on or concerning the rights of the parties,” the case is moot. Brumnett v. PSRB, 315 Or 402, 406, 848 P2d 1194 (1993)

The Court allowed review in this case to determine whether the Court of Appeals correctly dismissed petitioner’s cross appeal. Petitioner contends that the post-conviction court erred in finding that three of his specifications of ineffective assistance of counsel were without merit. In his cross-assignments of error, petitioner argued that the post-conviction court had erred when it denied post-conviction relief based on three other specifications of ineffective assistance of counsel. The superintendent argued that resolving the merits of petitioner’s claim in this court—that the Court of Appeals had erred in dismissing his cross-appeal—would no longer have a practical effect on the rights of the parties. When it becomes clear in the course of a judicial proceeding that resolving the merits of a claim “no longer will have a practical effect on or concerning the rights of the parties,” the case is moot. Brumnett v. PSRB, 315 Or 402, 406, 848 P2d 1194 (1993). Because it was decided that petitioner is entitled to raise as cross-assignments of error the same issues that he attempted to raise by cross-appeal, petitioner’s request for review is moot. The petition for review was dismissed as moot.