Spencer v. Kemna, 523 U.S. 1, 22 (1998)

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22

SPENCER v. KEMNA

Stevens, J., dissenting

Co., 335 U. S. 595, 600 (1949) (Frankfurter, J., dissenting) ("Wisdom too often never comes, and so one ought not to reject it merely because it comes late."). On that understanding of the state of the law, I join both the Court's opinion and Justice Souter's concurring opinion in this case.

Justice Stevens, dissenting.

An official determination that a person has committed a crime may cause two different kinds of injury. It may result in tangible harms such as imprisonment, loss of the right to vote or to bear arms, and the risk of greater punishment if another crime is committed. It may also severely injure the person's reputation and good name.

In holding that petitioner's case is moot, the Court relies heavily on our opinion in Lane v. Williams, 455 U. S. 624 (1982) (opinion of Stevens, J.). See ante, at 12-16. Lane, however, is inapposite. In Lane, the respondents did not seek to challenge the factual findings underlying their parole revocations. 455 U. S., at 633. Instead, they simply sought to challenge their sentences; yet because they had been released by the time the case reached us, the case was moot. Id., at 631. "Through the mere passage of time, respondents ha[d] obtained all the relief that they sought." Id., at 633.

In this case, petitioner challenges the factual findings on which his parole revocation was based. His parole was revoked based on an official determination that he committed the crime of forcible rape.1 Assuming, as the Court does,

1 Throughout the parole revocation proceedings, it was alleged that petitioner violated three parole conditions: Parole Condition #1, because he allegedly was guilty of rape; Parole Condition #6, because he allegedly used or possessed crack cocaine; and Parole Condition #7, because he allegedly used or possessed a dangerous weapon (i. e., the screwdriver allegedly used during the rape). App. 60-64 (alleging violations of Conditions #1, #6, and #7); id., at 72-76 (same); id., at 112-114 (alleging violations of Conditions #1 and #6). Thus, when the parole revocation board declared, "after careful consideration of evidence presented," that petitioner vio-

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