State v. William Clements ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
JUNE 1998 SESSION
September 30, 1998
Cecil W. Crowson
Appellate Court Clerk
STATE OF TENNESSEE, )
) NO. 01C01-9707-CC-00247
Appellant, )
) HICKMAN COUNTY
VS. )
) HON. HENRY DENMARK BELL,
WILLIAM ALVIN CLEMENTS, ) JUDGE
)
Appellee. ) ( Especially Aggravated Kidnaping
3 Counts, Spousal Rape)
FOR THE APPELLEE: FOR THE APPELLANT:
MICHAEL J. FLANAGAN JOHN KNOX WALKUP
DALE M. QUILLEN Attorney General and Reporter
95 White Bridge Road
Suite 208 TIMOTHY F. BEHAN
Nashville, TN 37205 Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JOSEPH D. BAUGH, JR.
District Attorney General
RONALD DAVIS
Assistant District Attorney General
Williamson County Courthouse
Suite G-6
P.O. Box 937
Franklin, TN 37065--937
OPINION FILED:
DISMISSED
LEE MOORE,
SPECIAL JUDGE
OPINION
PROCEDURAL HISTORY
William Alvin Clements, Jr., was indicted by the Hickman County grand jury
in November, 1992, with three (3) counts of especially aggravated kidnaping and
one (1) count of spousal rape. His father, William Clements, Sr., posted a
$40,000.00 cash bond to secure his son's release. The defendant was later found
guilty of the charged crimes. His father assigned $12,500.00 of the cash bond to
counsel for his son. The state filed a motion to attach the cash bond and to apply
it towards an $85,000.00 fine and court costs imposed by the court in this case.
The trial court denied the motion of the state, but the state prevailed in its appeal
to this Court. The Supreme Court later reversed the Court of Criminal Appeals on
breach of contract grounds and reinstated the judgment of the trial court. See State
v. Clements, 925 S.W.2d 224 (Tenn. 1996). On July 13, 1996, counsel for
defendant in this case moved the trial court for an order directing the Hickman
County Court Clerk to pay post-judgment interest on the wrongfully withheld funds
in accordance with T.C.A. § 47-14-121. The trial court ordered Hickman County to
pay $13,023.30 in interest to William Clements, Sr., Dale Quillen and Michael
Flanagan. The state, thereafter, filed a timely notice of appeal.
The only issue for review in this case is whether or not the trial court had
authority to order Hickman County to pay interest for wrongfully withholding funds
in a breach of contract dispute. During oral argument, it came to the Court's
attention that the $13,023.30 interest that was the subject of this appeal had already
been paid by Hickman County while this issue was being appealed. By order filed
on July 10, 1998, the trial court clerk was ordered to certify and transmit to this
Court a supplemental record to include either by stipulation of counsel or by
evidence that such payment had or had not been made. The clerk of the trial court
2
has now supplemented the record in this case to show the issuance of the following
checks:
1. Check # 13684, in the amount of $4,069.68, payable to Dale Quillen
and Michael Flanagan.
2. Check # 13683, from the Hickman County Circuit Court Clerk in the
amount of $1,078.45, issued to W illiam A. Clements, Sr.
3. Check # 07671, from the Hickman County Circuit Court Clerk in the
amount of $7,875.17, payable to the order of W illiam A. Clements, Sr.
In addition to copies of the above-mentioned checks, the clerk also
supplemented the record to include a copy of a letter dated May 13, 1997,
requesting a taxpayer's conference in connection with the Circuit Judge's order.
Because of the payments mentioned above, the issue before this Court is
now moot. This appeal is dismissed with costs assessed against the State of
Tennessee.
LEE MOORE, SPECIAL JUDGE
CONCUR:
JOE G. RILEY, JUDGE
CURWOOD WITT, JUDGE
3
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
STATE OF TENNESSEE, )
) C.C.A. No. 01C01-9707-CC-00247
Appellee, )
) Hickman County No. 92-5035CR
vs. )
) (Especially Aggravated Kidnaping
WILLIAM ALVIN CLEMENTS, ) 3 Counts, Spousal Rape
)
) DISMISSED
Appellant. )
JUDGMENT
Came the appellant, William Alvin Clements, by counsel, and the state, by
the Attorney General, and this case was heard on the record on appeal from the
Circuit Court of Hickman County; and upon consideration thereof, this Court is of
the opinion that the subject matter of this appeal is no longer at issue.
It is, therefore, ordered and adjudged by this Court that the issue in this case
is now moot, and this case is dismissed.
Costs of appeal will be paid by the State of Tennessee.
Per Curiam
Lee Moore, Special Judge
Joe G. Riley, Judge
Curwood Witt, Judge