All Content

Posted by: Tanja Trezise on Jun 28, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Harmon and Kyle Hixson, Assistant Attorneys General; T. Michel Bottoms, District Attorney General; and M. Caleb Bayless, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

William C. Barnes, Jr., Columbia, Tennessee, for the appellee, Charles Ewing Kennedy.

Judge(s): PAGE

Appellee, Charles Ewing Kennedy, was indicted by the Maury County Grand Jury for driving under the influence, second offense; speeding; and violation of the implied consent law. Appellee moved to suppress the evidence against him regarding the driving under the influence count. The trial court granted his motion to suppress. This court granted the State’s application for permission to appeal. On appeal, the State argues that the trial court incorrectly applied a sufficiency of the evidence standard when granting appellee’s motion to suppress rather than making a probable cause determination. The State urges this court to reverse the trial court’s ruling and to conclude that the police had probable cause to arrest appellee for driving under the influence. Following our review, we reverse the ruling of the trial court and remand for further proceedings consistent with this opinion.