Abebe v. State
Abebe v. State
Opinion of the Court
*679**614Seble Wongel Abebe appeals from the denial of her petition for a writ of habeas corpus. On March 18, 2015, she pled guilty in the Municipal Court for the City of Decatur to driving under the influence of alcohol ("DUI") and was sentenced, inter alia, to 12 months of probation.
**615A habeas petitioner who has completely served her misdemeanor sentence "must demonstrate that [s]he is suffering adverse collateral consequences flowing from [her] conviction. This is so because if adverse collateral consequences continue to plague the affected party, the matter has not become moot." Turner v. State ,
Adverse collateral consequences must be demonstrated in the record. See Turner ,
Judgment affirmed.
All the Justices concur.
The record also indicates that Abebe's sentence included a requirement that she pay a fine, participate in 40 hours of community service, submit to a drug evaluation, and participate in risk reduction services. Her driver's license was also suspended. Abebe has not alleged that she has yet to complete any of these requirements or that she remains under any restriction or probation stemming from her conviction.
To the extent our decision in Baker suggests that a habeas petitioner who has not demonstrated in the record that he or she suffers collateral consequences stemming from the conviction may instead demonstrate that he or she attempted to either expedite the habeas proceeding or prepare a record from the trial court, we disapprove such a reading. Those efforts are not a substitute for evidence in the record demonstrating that the petitioner suffers from collateral consequences. See Turner ,
Reference
- Full Case Name
- ABEBE v. The STATE.
- Cited By
- 7 cases
- Status
- Published