State of Tennessee, Coretta Scott King v. Lloyd Jowers ( 1999 )

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
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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.
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CRAWFORD, P.J., W.S.
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FARMER, J.
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