"The sole issue presented in this appeal is whether Lorance’s acceptance of a full and unconditional presidential pardon constitutes a legal confession of guilt and a waiver of his habeas rights, thus rendering his case moot. This is an issue of first impression in this Court. We conclude that Lorance’s acceptance of the pardon did not have the legal effect of a confession of guilt and did not constitute a waiver of his habeas rights.
Despite Lorance’s release from custody pursuant to the pardon, he sufficiently alleges ongoing collateral consequences from his convictions, creating a genuine case or controversy and rendering his habeas petition not moot. Accordingly, exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand for further proceedings."
Read the opinion here.
(h/t Don Rehkopf & Eric Freedman)
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