Massey v. SCDC

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

John K. Massey, Jr., Appellant,

v.

South Carolina Department of Corrections, Respondent.

Appellate Case No. 2018-002243

Appeal From The Administrative Law Court
S. Phillip Lenski, Administrative Law Judge

Unpublished Opinion No. 2021-UP-174
Submitted April 1, 2021 – Filed May 19, 2021

AFFIRMED

John K. Massey, Jr., of York, pro se.

Kensey Evans, of the South Carolina Department of
Corrections, of Columbia, for Respondent.

PER CURIAM: John K. Massey, Jr. appeals the Administrative Law Court's (the
ALC's) order dismissing his appeal. On appeal to the ALC, Massey argued the
South Carolina Department of Corrections (SCDC) failed to properly apply his jail
time credit to both of his consecutive sentences. After Massey filed his appeal
with the ALC, SCDC informed the ALC that it had amended Massey's jail time
credit to reflect his time served. Based on the amended jail time credit, Massey
completed his sentence for grand larceny on August 22, 2019, and completed his
sentence for malicious injury to property on August 17, 2020. Because Massey's
release prevents this court from providing effectual relief regarding Massey's credit
for time served, we dismiss his appeal as moot. See Sloan v. Friends of the
Hunley, Inc., 369 S.C. 20, 25, 630 S.E.2d 474, 477 (2006) ("Generally, this [c]ourt
only considers cases presenting a justiciable controversy."); id. at 26, 630 S.E.2d at
477 ("A moot case exists where a judgment rendered by the court will have no
practical legal effect upon an existing controversy because an intervening event
renders any grant of effectual relief impossible for the reviewing court."); Curtis v.
State, 345 S.C. 557, 568, 549 S.E.2d 591, 596 (2001) ("[A]n appellate court can
take jurisdiction, despite mootness, if the issue raised is capable of repetition but
evading review."); Sloan, 369 S.C. at 27, 630 S.E.2d at 478 ("However, the action
must be one which will truly evade review [for the mootness exception to
apply].").

AFFIRMED.1

LOCKEMY, C.J., and HUFF and HEWITT, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.