STATE OF TENNESSEE v. GREGORY TODD WHITAKER and DAVID PAUL COFFEY - Articles

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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, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; Richie Dale Collins and Cecil Clayton Mills, Jr., Assistant District Attorneys General, for the appellant, State of Tennessee.

Attorneys 2:

William Louis Ricker, Greenville, Tennessee, for the appellee, Gregory Todd Whitaker.

J. Bradley Mercer, Greenville, Tennessee, for the appellee, David Paul Coffey.

Judge(s): THOMAS

The Defendants, Gregory Todd Whitaker and David Paul Coffey, were both indicted for manufacturing twenty or more, but less than 100, marijuana plants, a Class C felony; and possession of drug paraphernalia, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-17- 417(g)(3), -425(a)(1). The Defendants both filed motions to suppress the evidence recovered during a search of Defendant Whitaker’s trailer home. The trial court granted the Defendants’ motions and dismissed the indictments. In this appeal as of right, the State contends that the trial court erred by granting the Defendants’ suppression motions. Following our review, we reverse the judgments of the trial court and remand the cases for further proceedings consistent with this opinion.

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