William Hobson v. State ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
WILLIAM MICHAEL HOBSON, )
)
VS.
Appellant, )
)
)
(No. 2564 Below)
DAVIDSON COUNTY
FILED
C.C.A. NO. 01C01-9710-CR-00497
)
STATE OF TENNESSEE, ) The Hon. Thomas H. Shriver 1998
July 14,
) (Dismissal of Habeas Corpus Petition)
Appellee. ) AFFIRMED PURSUANT TO RULE 20
Cecil W. Crowson
ORDER Appellate Court Clerk
This matter is before the Court upon the state’s motion requesting that the
judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of
Criminal Appeals Rules. Finding that the issue raised on appeal has become moot, we grant the
state’s motion.
The petitioner’s sentence expired on May 18, 1998, at which time he was released
from the custody of the Department of Correction. Accordingly, this appeal is moot. See
McIntyre v. Trauber, 884 S.W.2d 134, 137 (Tenn. App. 1994) ("[a] case will generally be
considered moot if it no longer serves as a means to provide relief to the prevailing party").
"Cases must be justiciable not only when they are first filed but must also remain justiciable
throughout the entire course of the litigation, including the appeal." Id.It is apparent in the present case that this Court could not provide relief to the
petitioner even if we did find that the trial court erred by dismissing his petition for writ of habeas
corpus.
IT IS, THEREFORE, ORDERED that the state’s motion to affirm the judgment of
the trial court under Rule 20, Tennessee Court of Criminal Appeals Rules, is granted, and the
appeal is dismissed. It appearing that the petitioner is indigent, costs of these proceedings are
taxed to the state.
_____________________________
DAVID H. WELLES, JUDGE
CONCUR:
_____________________________
JERRY L. SMITH, JUDGE
_____________________________
THOMAS T. WOODALL, JUDGE