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Moot Appeal
By: Derek Hawkins//May 30, 2018//
Listen to this articleUnited States Supreme Court
Case Name: United States v. Sanchez-Gomez, et al.
Case No.: 17-312
Focus: Moot Appeal
Four criminal defendants objected to being bound by full restraints during pretrial proceedings in their cases, but the District Court denied relief. On appeal, the Court of Appeals for the Ninth Circuit held that the use of such restraints was unconstitutional, even though each of the four criminal cases had ended prior to its decision. The question presented is whether the appeals were saved from mootness either because the defendants sought “class-like relief ” in a “functional class action,” or because the challenged practice was “capable of repetition, yet evading review.”
Vacated and Remanded
Dissenting:
Concurring:
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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