The Tennessee Supreme Court will hear oral arguments in four cases when it meets this week in Jackson.
The details of the cases:
- State of Tennessee v. James Hawkins – This is a Supreme Court review of a death penalty case in which James Hawkins was sentenced to death in Shelby County for premeditated first degree murder of his girlfriend. The Court will consider multiple issues, including whether the defendant’s statements to police and certain statements made by the victim to other witnesses should have been excluded.
- State of Tennessee v. Ray Rowland – This case from Shelby County involves a man who pleaded guilty to reckless endangerment for shooting twice in the direction of another person. The defendant said the police told him they would “tear up his house, and blowtorch his safe” if he did not consent to a search of his house. The police then searched Mr. Rowland’s safe and recovered 47 items, including some unused and unopened items from Mr. Rowland’s gun collection. Mr. Rowland filed a Motion for Return of Property, and the trial court determined it did not have jurisdiction to consider the motion. On appeal, the Court of Criminal Appeals concluded that trial courts of record with general criminal jurisdiction, such as circuit and criminal courts, in fact do have jurisdiction over motions for the return of property and remanded the case to the trial court for a hearing to determine whether the defendant is entitled to the return of his property. The Supreme Court will consider whether the trial court has the jurisdiction to hear a motion for the return of property after a judgment has become final.
- Judy Kilburn v. Granite State Insurance Company, et al. – This workers’ compensation case involves an employee who injured his back and neck at work and was prescribed oxycodone for several months. While he was in the process of seeking permanent disability benefits, he died from an overdose of the drug and alcohol. His widow continued to pursue death benefits from the employer. The Court will consider whether the employee’s severe pain and anxiety diminished his faculties to such a degree that he was at risk of inadvertently overdosing from the mixture of pain medication and alcohol. The Court also will consider whether the employee’s own actions negate any claim to compensation for the original injury.
- Peter M. Napolitano v. Board of Professional Responsibility of the Supreme Court of Tennessee– This is an attorney-discipline proceeding regarding the suspension and other punishment of a Clarksville attorney for misuse of a client’s trust account and lying under oath. Both the Board of Professional Responsibility (BPR), which regulates attorney conduct, and the attorney are seeking Supreme Court review of a trial court’s affirmation of a BPR panel’s decision that Mr. Napolitano should receive a five-year suspension (four years’ of which would be probation), serve 400 hours of public service, and pay $7,500 to a former client. The Court will consider several issues, including whether the trial court properly considered issues that may have already been decided, whether ordering payment to the client was appropriate, and whether the punishment should be modified under the circumstances.
The oral arguments November 2 will be preceded by the Supreme Court’s ceremony to swear in new attorneys. The swearing in will take place at 8:30 a.m., followed by the first three cases at 9 a.m. The last case will start at 1 p.m. The Jackson Supreme Court building is at #6 Highway 45 Bypass, Jackson, TN 38301