OCTOBER TERM, 1995
on petition for writ of certiorari to the united states court of appeals for the ninth circuit
No. 95-1612. Decided June 17, 1996
Respondent Moore was convicted of first-degree murder in a California state court and sentenced to death. The Federal District Court granted habeas relief, thereby vacating the conviction and ordering petitioner warden to release Moore from custody after 60 days unless the State granted him a new trial. The State filed an appeal, but after its applications to stay the order were denied, it set Moore for retrial and simultaneously pursued its appeal. The Ninth Circuit dismissed the appeal as moot, observing that the State had granted Moore a new trial.
Held: The case is not moot. An appeal should be dismissed as moot when a court of appeals cannot grant any effectual relief whatever in favor of an appellant. Mills v. Green, 159 U. S. 651, 653. However, the availability of a partial remedy is sufficient to prevent mootness. Such a remedy is available to the State because a decision in its favor would release it from the burden of providing a new trial for Moore. Thus, the Ninth Circuit is not prevented from granting any effectual relief.
Certiorari granted; reversed and remanded.
Respondent Charles Edward Moore, Jr., was convicted of first-degree murder in a California state court, and sentenced to death. The District Court granted habeas relief, concluding that the state court had denied Moore his right to self-representation under Faretta v. California, 422 U. S. 806 (1975). The District Court thus vacated the judgment of conviction and ordered the warden, petitioner here, to "release Moore from custody after the expiration of 60 days unless, within 60 days hereof, the State of California grants Moore the right to a new trial." App. A to Brief in Opposition A65.
The State filed a notice of appeal and sought a stay of the District Court's order pending appeal, but its various stay
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