STATE OF TENNESSEE v. GERALD ANTHONY HUMPHREY - Articles

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STATE OF TENNESSEE v. GERALD ANTHONY HUMPHREY

Posted by: Tanja Trezise on Apr 4, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Olin J. Baker, Charlotte, Tennessee, for the appellant, Gerald Anthony Humphrey.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Harmon, Senior Counsel; Dan M. Alsobrooks, District Attorney General; and Brooke M. Orgain and Margaret F. Sagi, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Gerald Anthony Humphrey, pled guilty in the Dickson County Circuit Court to DUI, first offense, and was sentenced to eleven months, twenty-nine days in the county jail, with seven days to serve prior to release on supervised probation. As a condition of his guilty plea, he attempted to reserve certified questions of law regarding the constitutionality of the “loud muffler” statute, Tennessee Code Annotated section 55-9-202, under which the arresting officer initiated the traffic stop of his vehicle. Based on our review, we conclude that the defendant failed to meet his burden to properly certify his questions of law. Accordingly, we dismiss the appeal for lack of jurisdiction.

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