STATE OF TENNESSEE v. SHAUN ANTHONY DAVIDSON AND DEEDRA LYNETTE KIZER - Articles

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Posted by: Tanja Trezise on Nov 26, 2013

Head Comment: With concurring opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert E. Cooper, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Deborah House, Assistant District Attorney General, for appellant, State of Tennessee.

Attorneys 2:

Justin Johnson, Nashville, Tennessee, for appellee, Shaun Anthony Davidson.

Jodie A. Bell, Nashville, Tennessee, for appellee, Deedra Lynette Kizer.

Judge(s): PAGE

Following a traffic stop premised on a possible violation of Tennessee Code Annotated section 55-9-107 (the window tint statute), appellees were charged with several drug offenses. Appellee Shaun Anthony Davidson was indicted for possession with intent to sell or deliver 0.5 grams or more of cocaine in a drug-free zone. Appellee Deedra Lynette Kizer was indicted for possession or casual exchange of hydrocodone. Both appellees were indicted for possession or casual exchange of marijuana. The trial court granted the appellees’ motion to suppress evidence, ruling that Tennessee Code Annotated section 55-9- 107(c) was unconstitutionally vague and overbroad. As a result, the case was dismissed. The State now appeals, arguing that Tennessee Code Annotated section 55-9-107(c) is constitutional. We reverse the ruling of the trial court, reinstate the indictment, and remand for further proceedings consistent with this opinion.