STATE v. MONTGOMERY


929 S.W.2d 409 (1996)

STATE of Tennessee, Appellee, v. James MONTGOMERY and Tony Carruthers, v. MEMPHIS PUBLISHING COMPANY, Intervenor-Appellant.

Court of Criminal Appeals of Tennessee, at Jackson.

May 24, 1996.


Attorney(s) appearing for the Case

S. Russell Headrick, Memphis, Paul E. Prather, Memphis, Armstrong, Allen, Prewitt, Gentry, Johnson & Holmes, of counsel, for Appellants.

Charles W. Burson, Attorney General & Reporter, Amy L. Tarkington, Assistant Attorney General, Nashville, John W. Pierotti, District Attorney General, Phillip Gerald Harris, J. Robert Carter, Assistant District Attorneys General, Memphis, for Appellee.


No Permission to Appeal Applied for to the Supreme Court.

OPINION

JONES, Presiding Judge.

This Court granted Memphis Publishing Company's application for an extraordinary appeal1 to determine whether a trial court can bar the media from publishing the name of a prosecution witness when the witness appears in open court during a public trial and uses his true or given name while testifying. In this case, the prior restraint...

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