Walters v. Smith

LUKOWSKY, Justice.

The question presented is whether the release of a habeas corpus petitioner moots his case. The Court of Appeals answered yes. We reverse and remand with directions that the appeal from the dismissal of the habeas corpus petition be determined on its merits.

The relevant facts are simple. Walters, pro se, petitioned the circuit court from a writ of habeas corpus, which was denied. Walters then filed his notice of appeal from the judgment. While the appeal was pending, Walters was paroled. In response to a show cause from the Court of Appeals Walters argued that the parole did…