State v. Jowers

Full title: STATE OF TENNESSEE, on behalf of JUDGE JAMES BEASLEY, JUDGE ROBERT T…

Court: Court of Appeals of Tennessee. at Jackson

Date published: Dec 7, 1999

No. W1999-00984-COA-R10-CV (Tenn. Ct. App. Dec. 7, 1999)

Opinion

No. W1999-00984-COA-R10-CV.

December 7, 1999.

Appeal from Shelby Circuit, Hon. James E. Swearengen, No. 97242-4 T.D.

VACATED AND REMANDED

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.

CRAWFORD, P.J., W.S.

MEMORANDUM OPINION ¹

1 Rule 10 (Court of Appeals). Memorandum Opinion . — (b) The Court, with concurrence of all judges participating in the case, may affirm, reverse or modify the actions of the trial court by memorandum opinion when a formal opinion would have no precedential value. When a case is decided by memorandum opinion it shall be designated "MEMORANDUM OPINION," shall not be published, and shall not be cited or relied on for any reason in a subsequent unrelated case.

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 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.