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SPENCER v. KEMNA

No. 96-7171.

523 U.S. 1 (1998)

SPENCER v. KEMNA, SUPERINTENDENT, WESTERN MISSOURI CORRECTIONAL CENTER, et al.

United States Supreme Court.

Decided March 3, 1998.

Attorney(s) appearing for the Case

John William Simon, by appointment of the Court, 520 U.S. 1227, argued the cause and filed briefs for petitioner.

James R. Layton, Chief Deputy Attorney General of Missouri, argued the cause for respondents. With him on the brief were Jeremiah W. (Jay) Nixon, Attorney General, pro se, and Stephen D. Hawke, Stacy L. Anderson, and Michael J. Spillane, Assistant Attorneys General.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Souter, J., filed a concurring opinion, in which O'Connor, Ginsburg, and Breyer, JJ., joined, p. 18. Ginsburg, J., filed a concurring opinion, p. 21. Stevens, J., filed a dissenting opinion, p. 22.

Justice Scalia, delivered the opinion of the Court.

In his petition for a writ of habeas corpus, Randy G. Spencer seeks to invalidate a September 24, 1992, order revoking his parole. Because Spencer has completed the entire term of imprisonment underlying the parole revocation, we must decide whether his petition is moot.

I

On October 17, 1990, petitioner began serving concurrent 3-year sentences in Missouri on convictions of felony stealing and...

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