Sentencing Appeal Dismissed as Moot

Does the District Court have the authority to impose a second rider without an intervening period of probation? In Alexander Barclay's case, the District Court thought it did and put Mr. Barclay on a second rider immediately after he finished a disappointing first one. (Mr. Barclay's second rider didn't go too well either and the District Court eventually relinquished jurisdiction.) Mr. Barclay appealled and the Court of Appeals held the District Court did not have the jurisdiction to grant a second rider because it had not placed Mr. Barclay on probation first. Today the Supreme Court dismissed the appeal because Mr. Barclay had finished serving his sentence. It also vacated the Court of Appeals opinion.

The State argued that not only did the District Court not have authority to impose a second rider without first placing the defendant on probation but also that Mr. Barclay's appeal was untimely because he did not file it within 42 days of the first order relinquishing jurisdiction. The Supreme Court did not reach either issue. It further found that none of the exceptions to the mootness doctrine ("(1) when there is the possibility of collateral legal consequences imposed on the person raising the issue; (2) when the challenged conduct is likely to evade judicial review and thus is capable of repetition; and (3) when an otherwise moot issue raises concerns of substantial public interest.") applied.

State v. Barclay, http://www.isc.idaho.gov/opinions/Barclay36237.pdf