Calderon v. Moore, 518 U.S. 149 (1996)

Calderon v. Moore

No. 95-1612

Decided June 17, 1996
518 U.S. 149

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

Respondent Moore was convicted of first-degree murder in a California state court and sentenced to death. The Federal District Court granted habeas relief, thereby vacating the conviction and ordering petitioner warden to release Moore from custody after 60 days unless the State granted him a new trial. The State filed an appeal, but after its applications to stay the order were denied, it set Moore for retrial and simultaneously pursued its appeal. The Ninth Circuit dismissed the appeal as moot, observing that the State had granted Moore a new trial.

Held: the case is not moot. An appeal should be dismissed as moot when a cout of appeals cannot grant any effective relief whatever in favor of an appellant. Mills v. Green, 159 U.S. 651, 653. However, the availability of a partial remedy is sufficient to prevent mootness. Such a remedy is available to the State, because a decision in its favor would release it from the burden of providing a new trial for Moore. Thus, the Ninth Circuit is not prevented from granting any effectual relief.

Certiorari granted; reversed and remended.