November 23, 2013

State ex rel. Cole v. Francisco (1982)

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Overview: In this case that is being heard by the Supreme Court of Tennessee, James P. Cole and Charles C. Thompson, II (professional journalists employed by the ABC news magazine 20/20 & later authors of The Death of Elvis: What Really Happened?) are asking the court to require the Shelby County Medical Examiner, Jerry T. Francisco, to make various documents available that related to Elvis' death and autopsy.

In addition, they are also attempting to have the court require the District Attorney General, Hugh Stanton, to intervene in the action as a plaintiff.

The Court rules against Cole & Thompson on both issues.

November 22, 2013

Medical Examiner's Report (Autopsy) on the Death of Elvis Presley

Below is a PDF copy of the the medical examiner's report that was carried out on Elvis after his death. This 2-page report was signed and submitted by the Shelby County Medical Examiner, Dr. Jerry Francisco.

The cause of death noted on this report was "H.C.V.D. associated with ASHD" which refers to "Hypertensive Cardiovascular Disease associated with Arteriosclerotic Heart Disease."


Note, as clarified on the Elvis Decoded blog, this report is NOT the official autopsy report, which is the private property of the Presley family. Also, this is not the official death certificate, which, under Tennessee law will be kept private for 50 years after Elvis' death and will therefore be made public in 2027.

Board of County Commissioners of Shelby County v. Taylor (1994)

Dr. Jerry T. Francisco
(photo by Alan Spearman)
Overview: This is a suit by the Board of Commissioners of Shelby County in which they are asking the court to issue a write of mandamus to require the State Registrar of Vital Records "to investigate any and all irregularities or possible violations of law involving statements on the death certificate of Mr. (Elvis) Presley, including a thorough, objective inspection of all medical records surrounding his death."

(Note: Mandamus is a legal term that refers to a court issuing a writ that orders a public agency, official, or governmental body to perform an act required by law when it has neglected or refused to do so.)

The defendant filed a motion to dismiss this case, which was sustained by the lower court and the suit was dismissed. Here, the plaintiffs are appealing and presenting two issues to the appellate court to determine. The appellate court affirms the ruling of the lower court.

November 21, 2013

Broadcast Music, Inc. v. Aartie Restaurant Management, Inc. (1993)

The old Federal Courthouse, Tampa
Overview: Plaintiff songwriters and music publishers sue for copyright infringement by unlicensed public performance of copyrighted material in defendant's restaurant.

Elvis Presley Music is a co-plaintiff in this case.

The court also discusses summary judgment issues.

November 20, 2013

When Elvis Met Nixon: The Documents (Part Two) -The Chapin Memo

Dwight Chapin
Overview: This memo was written by White House aide, Dwight Chapin, to H. R. Hadelman (White House Chief of Staff to President Richard Nixon), on December 21, 1970. In the memo, Chapin describes the purpose of Elvis' visit, 'to become a "Federal agent at large" to work against the drug problem by communicating with people of all ages.'

He then offers his suggestions as to how the meeting should take place and is clearly in favor of Elvis meeting with the President rather than fobbing him off with the Vice President.

H. R. Hadelman
The memo ends with Chapin's comment: 'In addition, if the President wants to meet with some bright young people outside of the Governent, Presley might be a perfect one to start with.' In handwriting by this comment, author unknown, are the words "You must be kidding." So I guess someone at the White House, perhaps Hadelman, wasn't quite so convinced of the benefits of having President Nixon meet with Elvis!

Note: Both Dwight Chapin and H. R. Hadelman were heavily involved in the subsequent Watergate scandal. Chapin was convicted and served nine months in prison as a result. Later in his career, Chapin worked for both Ronald Reagan and George H. W. Bush. Hadelman resigned as a result of the scandal and was later convicted and served 18 months in prison. On release, Hadelmen worked as a private businessman and died of cancer in 1993.

November 19, 2013

In Re Fairfield General Corp. v. Presley (1978)

Robert Vesco
Overview: In this relatively complex case, receiver files petition seeking to compel Elvis' Estate to proceed with purchase of a Boeing 707 airplane or pay damages. The court doesn't rule on the issues but orders the Chancery Court to make a set of determinations on remand in order to properly settle the case.

Robert Vesco, fugitive financier of questionable character, was also heavily involved in this case with interests in Fairfield General Corp. and International Controls Corp.

This case deals with some interesting issues related to Specific Performance, Judicial Sales, Receivership, etc.

Vernon Presley, as executor of Elvis' estate, appears as co-defendant.