Lennart A. Benson v. State Board of Parole & Probation

Two questions are presented on this appeal: (1) whether the appeal should be dismissed as moot since appellant has been dismissed from state custody; and (2) whether appellant was denied due process by reason of ineffective and incompetent counsel.

Benson’s prison sentence has expired. He contends that declaratory relief should be granted against a money judgment and other existing consequences of his sentence, including loss of his license as a public accountant and insurance agent, disqualification as a juror, and liability to future enhanced punishment.

In Parker v. Ellis, 1960, 362 U.S. 574 , 80 S.Ct. 909 , 4 L.Ed.2d 963 , the petitioner was released from state custody after having served his sentence. The Court held that the case “has thus become moot, and the Court is without jurisdiction to deal with the merits of petitioner’s claim”. Four justices dissented, taking the position that a habeas corpus proceeding under sections 2241-2254 of Title 28 U.S.C. should be treated the same as a motion to vacate a federal court sentence under section 2255, and that the petition should be considered on its merits.

Following Parker v. Ellis, this court held in Bonnie v. Gladden,…