Fabio A. Diaz v. Jack R. Duckworth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a habeas petition challenging a prison disciplinary sanction became moot when the petitioner was deported
• concluding that in Spencer v. Kemna, 523 U.S. 1 (1998), the Supreme Court “appear[ed] to have confined [Sibron and its presumption of collateral consequences] to criminal convictions”
• holding that habeas petitioner challenging prison discipline bore burden of proving collateral consequences because “it cannot be said that most prison disciplinary sanctions ‘do in fact entail adverse collateral legal consequences’” (quoting Spencer, 523 U.S. at 12
• “[c]onsequences that are within the power of the defendant to avoid—such as a sentencing enhancement, which presupposes his deciding to commit another crime—are excluded.”
• “Consequences that are within the power of the defendant to avoid—such as a sen- tencing enhancement, which presupposes his deciding to commit another crime—are excluded [from the set of effects that avoid mootness]”
• \Certainty is not required but a remote possibility won't do.\

Source: CourtListener parenthetical corpus (CC0).