State v. Johnson

A case becomes moot when the Court’s decision “will no longer have a practical effect on the rights of the parties.” State v. K.J.B., 362 Or 777, 785, 416 P3d 291 (2018).

Defendant appealed a June 2021 judgment finding him in violation of his probation. Meanwhile, while the appeal was pending in April 2022, the trial court entered a new judgment, finding the Defendant committed two more probation violations. They sentenced him to 90 days in jail and two years of post-prison supervision. Defendant assigned error to the June 2021 probation violation finding. On appeal, Defendant argued that the appeal was not moot because “but for the extension of his probation” in 2021, he would not have been on probation in April 2022 and, if he was not on probation, “he could not have been revoked.” A case becomes moot when the Court’s decision “will no longer have a practical effect on the rights of the parties.” State v. K.J.B., 362 Or 777, 785, 416 P3d 291 (2018). The Court reasoned that, because Defendant did not appeal the April 2022 judgment, they lacked the authority to reverse it. Since they could not reverse it, any decision in the June 2021 case would not affect Defendant’s post-prison supervision. Thus, the Court’s decision would not have any practical effect on the Defendant, which rendered it moot. DISMISSED AS MOOT.