ROGER SMOKEY JOHNSON V DEPT OF CORRECTIONS
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STATE OF MICHIGAN
COURT OF APPEALS
ROGER SMOKEY JOHNSON,
UNPUBLISHED
March 6, 1998
Plaintiff-Appellee,
v
No. 201471
Ingham Circuit Court
LC No. 96-084841-AW
DEPARTMENT OF CORRECTIONS,
Defendant-Appellant.
Before: McDonald, P.J., and Sawyer and Hoekstra, JJ.
MEMORANDUM.
Plaintiff was previously convicted of second-degree murder and sentenced to life in prison. In
1996, he filed a complaint and application for a writ of mandamus in Ingham Circuit Court seeking a
writ directing defendant to hold a public hearing regarding plaintiff’s parole and, in the event parole was
denied, to explain the denial in writing. The circuit court directed defendant to interview plaintiff for
parole consideration and, if it chose not to proceed with a public hearing, to provide written reasons for
that decision. Defendant appeals and we dismiss as moot.
Subsequent to the circuit court proceedings in this case, defendant provided plaintiff with the
reasons for denying him parole, and an appeal is now pending regarding that denial. Accordingly, the
issue before us is now moot. While this case presents an interesting issue, resolution of that issue must
await a case in which it is properly before this Court.
Dismissed.
/s/ Gary R. McDonald
/s/ David H. Sawyer
/s/ Joel P. Hoekstra
-1
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