Rhines v. Young, No. 18-2376 (8th Cir. 2019)Annotate this Case
At issue was whether the district court erred in concluding that it has no authority under 18 U.S.C. 3599 and the All Writs Act, 18 U.S.C. 1651(a), to order South Dakota prison officials to allow petitioner to meet with mental health experts retained by appointed counsel for purposes of preparing a clemency application.
The Eighth Circuit held that circumstances underlying the issue have changed, and a decision on this narrow issue was no longer needed. The court held that, at the present time, with South Dakota clemency proceedings commenced and the time for granting or denying imminent, the issues raised by petitioner in this appeal were either moot or have not been fully exhausted. Accordingly, the court dismissed the appeal.