Calderon v. Moore, 951612

CourtUnited States Supreme Court
Writing for the CourtPer Curiam
Citation518 U.S. 149,116 S.Ct. 2066,135 L.Ed.2d 453
Decision Date17 June 1996
Docket Number951612
PartiesARTHUR CALDERON, WARDEN v. CHARLES EDWARD MOORE, Jr

518 U.S. 149
116 S.Ct. 2066
135 L.Ed.2d 453

ARTHUR CALDERON, WARDEN

v.

CHARLES EDWARD MOORE, Jr.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit
No. 95-1612.
Decided June 17, 1996
Per Curiam.

Respondent Charles Edward Moore, Jr., was convicted of first-degree murder in a California state court, and sentenced to death. The District Court granted habeas relief, concluding that the state court had denied Moore his right to self-representation under Faretta v. California, 422 U. S. 806 (1975). The District Court thus vacated the judgment of conviction and ordered the warden, petitioner here, to "release Moore from custody after the expiration of 60 days unless, within 60 days hereof, the State of California grants Moore the right to a new trial." App. A to Brief in Opposition A65.

The State filed a notice of appeal and sought a stay of the District Court's order pending appeal, but its various stay applications were respectively denied by the District Court, the Ninth Circuit, 56 F. 3d 39 (1995), and by Justice O'Connor, in her capacity as Circuit Justice for the Ninth Circuit. The State accordingly set Moore for retrial, and simultaneously pursued its appeal of the District Court's order on the merits to the Ninth Circuit. The Court of Appeals, observing that the "State of California has granted petitioner Charles Edward Moore, Jr., a new trial," dismissed the State's appeal as moot. App. A. to Pet. for Cert.

It is true, of course, that mootness can arise at any stage of litigation, Steffel v. Thompson, 415 U. S. 452, 459, n. 10 (1974); that federal courts may not "give opinions upon moot questions or abstract propositions," Mills v. Green, 159 U. S. 651, 653 (1895); and that an appeal should therefore be dismissed as moot when, by virtue of an intervening event, a court of appeals cannot grant "any effectual relief whatever" in favor of the appellant. Ibid. The available remedy, however, does not need to be "fully satisfactory" to avoid mootness. Church of Scientology of Cal. v. United States, 506 U. S. 9, 13 (1992). To the contrary, even the availability of a "partial remedy," is "sufficient to prevent [a] case from being moot." Ibid.

In this case, to say the least, a "partial remedy" necessary to avoid mootness will be available to the State of California (represented here by petitioner). While the administrative machinery necessary for a new trial has been set in motion, that trial has...

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343 practice notes
  • American Atheists, Inc. v. Detroit Downtown Development Authority, No. 07-2398.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 28, 2009
    ...claimant's every expectation: "[T]he availability of a partial remedy is sufficient to prevent a case from being moot." Calderon v. Moore, 518 U.S. 149, 150, 116 S.Ct. 2066, 135 L.Ed.2d 453 (1996) (per curiam) (internal quotation marks The first answer to the mootness question is that the C......
  • Parella v. Retirement Bd. of Rhode Island Employees' Retirement System, No. 98-1400
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • September 18, 1998
    ...takings). Since the possibility of even a partial remedy is sufficient to prevent a case from being moot, see Calderon v. Moore, 518 U.S. 149, 150, 116 S.Ct. 2066, 135 L.Ed.2d 453 (1996), we proceed to the Plaintiffs originally alleged violations of the Takings Clause, the Contract Clause, ......
  • Natural Resources Defense Council v. Abraham, No. CIV.A.00-2431 EGS.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 30, 2002
    ...63 L.Ed.2d 479 (1980)). However, Article III is satisfied, and a case will not be moot, when a "partial remedy" exists. Calderon v. Moore, 518 U.S. 149, 150, 116 S.Ct. 2066, 135 L.Ed.2d 453 (1996); Cummock, 180 F.3d 282, 293 (D.C.Cir.1999) (availability of some relief barred finding that ca......
  • Black Warrior River-Keeper, Inc. v. Drummond Co., Case No. 2:16-cv-01443-AKK
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • May 7, 2019
    ...endangerment" to the environment, see infra Section IV.G, the court does not believe that the RCRA claim is moot. See Calderon v. Moore , 518 U.S. 149, 150, 116 S.Ct. 2066, 135 L.Ed.2d 453 (1996) (noting that an action is moot where a court "cannot grant any effectual relief whatever in fav......
  • Request a trial to view additional results
343 cases
  • American Atheists, Inc. v. Detroit Downtown Development Authority, No. 07-2398.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 28, 2009
    ...claimant's every expectation: "[T]he availability of a partial remedy is sufficient to prevent a case from being moot." Calderon v. Moore, 518 U.S. 149, 150, 116 S.Ct. 2066, 135 L.Ed.2d 453 (1996) (per curiam) (internal quotation marks The first answer to the mootness question is that the C......
  • Parella v. Retirement Bd. of Rhode Island Employees' Retirement System, No. 98-1400
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • September 18, 1998
    ...takings). Since the possibility of even a partial remedy is sufficient to prevent a case from being moot, see Calderon v. Moore, 518 U.S. 149, 150, 116 S.Ct. 2066, 135 L.Ed.2d 453 (1996), we proceed to the Plaintiffs originally alleged violations of the Takings Clause, the Contract Clause, ......
  • Natural Resources Defense Council v. Abraham, No. CIV.A.00-2431 EGS.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 30, 2002
    ...63 L.Ed.2d 479 (1980)). However, Article III is satisfied, and a case will not be moot, when a "partial remedy" exists. Calderon v. Moore, 518 U.S. 149, 150, 116 S.Ct. 2066, 135 L.Ed.2d 453 (1996); Cummock, 180 F.3d 282, 293 (D.C.Cir.1999) (availability of some relief barred finding that ca......
  • Black Warrior River-Keeper, Inc. v. Drummond Co., Case No. 2:16-cv-01443-AKK
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • May 7, 2019
    ...endangerment" to the environment, see infra Section IV.G, the court does not believe that the RCRA claim is moot. See Calderon v. Moore , 518 U.S. 149, 150, 116 S.Ct. 2066, 135 L.Ed.2d 453 (1996) (noting that an action is moot where a court "cannot grant any effectual relief whatever in fav......
  • Request a trial to view additional results

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