STATE OF TENNESSEE v. CHARLES A. KENNEDY - Articles

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Posted by: Tanja Trezise on Oct 3, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Kim R. Helper; District Attorney General; and Carlin Hess, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Benjamin C. Signer, Franklin, Tennessee, for the appellee, Charles A. Kennedy.

Judge(s): WITT

In this interlocutory appeal by the State, the State challenges the trial court’s suppression of the results of blood alcohol testing conducted on the defendant’s blood pursuant to Tennessee Code Annotated section 55-10-406(f)(2) (Supp. 2012), claiming that the trial court erred by declaring Code section 55-10-406(f)(2) unconstitutional and by ruling that no exception to the warrant requirement existed to justify the warrantless taking of the defendant’s blood. Because Code section 55-10-406(f)(2) does not mandate the warrantless taking of a blood sample, the trial court erred by declaring the statute unconstitutional, and that portion of the judgment is reversed. Because no exception to the warrant requirement justified the warrantless taking of the defendant’s blood in this case, however, we affirm the trial court’s order suppressing the results of blood alcohol testing conducted on the sample.

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