State of Tennessee, Coretta Scott King v. Lloyd Jowers

• Court: Court of Appeals of Tennessee
• Decided: December 7, 1999
• Docket: W1999-00984-COA-R10-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON ______________________________________________________________________________

STATE OF TENNESSEE, on behalf ) of JUDGE JAMES BEASLEY, ) No. W1999-00984-COA-R10-CV JUDGE ROBERT T. DWYER, retired, ) Shelby Circuit No. 97242-4 T.D. and Criminal investigator ) MARK GLANKLER, in their ) official capacities, ) HON. JAMES E. SWEARENGEN ) Witnesses/Appellants, ) ) CORETTA SCOTT KING, ET AL., ) VACATED AND REMANDED ) Plaintiff/Appellee, ) ) OPINION FILED

FILED December 7, 1999

Cecil Crowson, Jr. Appellate Court Clerk v. ) ) LLOYD JOWERS, ) ) Defendant/Appellee. )

Paul G. Summers, Attorney General and Reporter Michael E. Moore, Solicitor General David M. Himmelreich, Deputy Attorney General Micheal E. Meyer, Assistant Attorney General For Witnesses/Appellants

Lewis K. Garrison, Sr., Memphis, Tennessee John H. Bledsoe, Memphis, Tennessee For Defendant/Appellee ______________________________________________________________________________

MEMORANDUM OPINION 1 ______________________________________________________________________________

On December 1, 1999, the State of Tennessee on behalf of the appellants Judge James

Beasley, Judge Robert T. Dwyer and Mark Glankler, filed a Rule 10 T.R.A.P. application for

Page 1 extraordinary appeal. Specifically, the State sought to set aside the trial court’s order denying the State’s

motion to quash the subpoenas served on the aforementioned appellants.

By Order entered December 1, 1999, this Court ordered that the subpoenas subject to

this appeal be held in abeyance pending further orders of this Court, and the Court also directed the

parties file briefs in support of their respective positions on or before 10:00 a.m. Monday December 6,

1999.

Both the State of Tennessee, on behalf of the appellants, and defendant Lloyd Jowers

filed separate briefs before the deadline. According to the appellant’s brief, Mr. Glankler had testified

prior to entry of this Court’s December 1, 1999, Order. Therefore, it would appear that the issue on

appeal as to Mr. Glankler is moot. Upon consideration of the foregoing, the Court finds the appellants’

application is well-taken and should be granted. Accordingly,

IT IS ORDERED that the appellants’ Rule 10 T.R.A.P. application be granted.

Pursuant to the authority set forth in McCleskey v. Kemp, 481 U.S. 279 (1987) and Wayte v. United

States, 470 U.S. 598 (1985), IT IS FURTHER ORDERED that the trial court’s order denying the

motion to quash the subpoenas of Judge James Beasley and Judge Robert T. Dwyer is vacated and the

subpoenas are hereby quashed. This opinion disposes of this appeal, and costs on appeal are taxed to

the appellee Lloyd Jowers for which execution may issue if necessary.

____________________________________ CRAWFORD, P.J., W.S.

____________________________________ FARMER, J.

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