Baty v. Slater

Defendant petitions for reconsideration of our decision denying her motion to dismiss plaintiffs appeal.1 We allow that petition and adhere to our former opinion. We write briefly to explain our reasons for doing so.

Defendant argues that, even if plaintiffs release from imprisonment was unlawfully delayed, plaintiffs appeal is moot because the court cannot retroactively change plaintiffs actual release date nor adjust the required term of post-prison supervision. Defendant assumes that a post-prison supervision term must begin on actual release from prison and that the term of imprisonment…