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Posted by: Stacey Shrader Joslin on Jun 15, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Leslie I. Ballin, Memphis, Tennessee, for the appellant, Bryant Carter.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Charles Bell, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendant, Bryant Carter, entered into a negotiated plea agreement and pled guilty to driving under the influence of an intoxicant (DUI), and properly reserved the following certified question of law for appeal: “Whether further prosecution of this case is barred by double jeopardy under the U.S. and Tennessee Constitutions when the Defendant was detained under a pro forma policy of the General Sessions Criminal Court while properly out on a misdemeanor citation in lieu of arrest.” After a thorough review, we affirm the judgment of the trial court.