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McMillin v. Bowersox

United States Court of Appeals, Eighth Circuit
Dec 31, 1996
102 F.3d 987 (8th Cir. 1996)

Summary

In McMillin v. Bowersox, 102 F.3d 987 (8th Cir.1996), the court stated: "Since his imprisonment ended upon his death, and there can be no future collateral consequences flowing from his imprisonment, his collateral attack is moot."

Summary of this case from Kirkland v. State

Opinion

No. 96-1649WM

Submitted November 18, 1996

Filed December 31, 1996

Counsel who presented argument on behalf of the appellant was William C. Odle of Kansas City, Missouri. Appearing on the brief was Timothy K. McNamara.

Counsel who presented argument on behalf of the appellee was Frank A. Jung of Jefferson City, Missouri. Appearing on the brief was Jeremiah W. (Jay) Nixon.

On Appeal from the United States District Court for the Western District of Missouri.

Before RICHARD S. ARNOLD, Chief Judge, MAGILL, Circuit Judge, and LONGSTAFF, District Judge.

The Hon. Ronald E. Longstaff, United States District Judge for the Southern District of Iowa, sitting by designation.


The Court has received a Suggestion of Death in the above-captioned appeal. The suggestion reports that Richard McMillin, appellant, died at the Potosi Correctional Center on December 2, 1996.

McMillin was before our Court appealing the denial of his petition for a writ of habeas corpus. Since his imprisonment ended upon his death, and there can be no future collateral consequences flowing from his imprisonment, his collateral attack is moot. Lane v. Williams, 455 U.S. 624 (1982); McMann v. Ross, 396 U.S. 118 (1969).

Accordingly, the appeal is dismissed as moot, the judgment of the District Court is vacated, and the case is remanded with instructions to dismiss the petition as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 39-41 (1950).


Summaries of

McMillin v. Bowersox

United States Court of Appeals, Eighth Circuit
Dec 31, 1996
102 F.3d 987 (8th Cir. 1996)

In McMillin v. Bowersox, 102 F.3d 987 (8th Cir.1996), the court stated: "Since his imprisonment ended upon his death, and there can be no future collateral consequences flowing from his imprisonment, his collateral attack is moot."

Summary of this case from Kirkland v. State
Case details for

McMillin v. Bowersox

Case Details

Full title:Richard D. McMillin, Appellant, v. Michael Bowersox, Appellee

Court:United States Court of Appeals, Eighth Circuit

Date published: Dec 31, 1996

Citations

102 F.3d 987 (8th Cir. 1996)

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