STATE OF TENNESSEE v. ANNE ELIZABETH CUSHING - Articles

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STATE OF TENNESSEE v. ANNE ELIZABETH CUSHING

Posted by: Amelia Ferrell Knisely on Mar 18, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Samuel Lewis (on appeal) and Lee Davis (at trial), Chattanooga, Tennessee, for the Appellant, Anne Elizabeth Cushing.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Neal Pinkston, District Attorney General; and Bates Bryan, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WILLIAMS

On appeal, the defendant, Anne Elizabeth Cushing, has presented a certified question of law for our review. Following the denial of her motion to suppress, the defendant entered a guilty plea to one count of driving under the influence (“DUI”) but reserved a certified question. In the question, she challenges the denial of the motion to suppress because, according to the defendant, the results of the field sobriety tests should be inadmissible because she was entitled to be Mirandized when she was placed in the backseat of the police officer?s patrol car while he conducted an investigation at the accident scene. She contends she was not free to leave and that, as such, the right to Miranda warnings had attached. Following our review of the record, we conclude that the question, as presented, is not dispositive of the case. Accordingly, we must dismiss the appeal.

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