Mootness:
even though Turner has completed his 12-month sentence, and there are not
alleged to be collateral consequences of the contempt determination that might
keep the dispute alive, this case is not moot, because it is “capable of
repetition” while “evading review,” Southern
Pac. Terminal Co. v. Interstate
Commerce Comm’n, 219 U. S. 498, 515. A case remains live if “(1) the
challenged action is in its duration too short to be fully litigated prior to
its cessation or expiration, and (2) there is a reasonable expectation that the
same complaining party will be subjected to the same action again.” Weinstein v. Bradford, 423 U. S. 147, 149. Here, the “challenged action,”
Turner’s imprisonment for up to 12 months, is “in its duration too short to be
fully litigated” through the state courts (and arrive here) prior to its
“expiration.” First Nat’l Bank of
Boston v. Bellotti, 435
U. S. 765, 774. And there is a more than “reasonable” likelihood that Turner
will again be “subjected to the same action” because he has frequently failed
to make his support payments, has been the subject of several civil contempt
proceedings, has been imprisoned several times, and is, once again, the subject
of civil contempt proceedings for failure to pay. DeFunis v. Odegaard,
416 U. S. 312, and St. Pierre v.
United States, 319 U. S. 41,
distinguished (U.S.S.Ct., 20.06.2011, Turner v. Rogers, J. Breyer).
Monday, June 20, 2011
Turner v. Rogers
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