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Posted by: Amelia Ferrell Knisely on Jan 26, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

M. Keith Davis, Dunlap, Tennessee, for the appellant, William Gary Mosley.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; J. Michael Taylor, District Attorney General; and David McGovern, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

The appellant, William Gary Mosley, pled guilty in the Marion County Circuit Court to initiation of a process intended to result in the manufacture of methamphetamine, a Class B felony, and two counts of possession of drug paraphernalia, a Class A misdemeanor, and reserved a certified question of law concerning the sufficiency of the affidavit underlying the search warrant issued in this case. Based upon the oral arguments, the record, and the parties? briefs, we conclude that the affidavit failed to establish probable cause for the search warrant. Therefore, the judgment of the trial court is reversed, the appellant?s convictions are vacated, and the charges are dismissed.