STATE OF TENNESSEE v. MARVIN ROSCOE - Articles

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STATE OF TENNESSEE v. MARVIN ROSCOE

Posted by: Tanja Trezise on Jul 15, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; Amy P. Weirich, District Attorney General; and Stephanie Johnson, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

John Scott, Memphis, Tennessee, and Randall B. Tolley, Gulf Shores, Alabama, for the appellee, Marvin Roscoe.

Judge(s): GLENN

This is a Rule 9, Tennessee Rules of Appellate Procedure, interlocutory appeal by the State of Tennessee of the trial court’s granting in part the defendant’s motion to suppress. On March 1, 2012, the Shelby County Grand Jury returned a two-count indictment charging the defendant, Marvin Roscoe, with DUI and DUI over .08%. The defendant filed a motion to suppress any evidence seized or statements made as a result of his stop and arrest. The trial court entered an order denying in part the defendant’s motion to suppress any evidence pertaining to the initial traffic stop and granting in part the defendant’s motion to suppress any evidence pertaining to the defendant’s subsequent arrest. The State now appeals, arguing that the trial court erred in granting in part the defendant’s motion to suppress the evidence regarding his subsequent arrest. Based upon our review, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.

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