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Posted by: Chandra Williams on Apr 22, 2016

Head Comment: With concurring opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Graham Cox, Collierville, Tennessee, for the appellant, Christopher Wilson.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Rachel E. Willis, Senior Counsel; Amy P. Weirich, District Attorney General; and Michael R. McCusker, Assistant District Attorney General, for the appellee, State of Tennessee.


The Defendant, Christopher Wilson, filed a Rule 9 interlocutory appeal seeking our review of the trial court?s denial of his motion to suppress evidence against him. The Defendant filed a motion to suppress the results of his blood alcohol test based upon a violation of Missouri v. McNeely, 133 S. Ct. 1552 (2013). The trial court conducted an evidentiary hearing and found that a “good faith exception” to the Defendant?s forced blood draw existed and denied the Defendant?s motion. The Defendant filed an application for an interlocutory appeal, which the trial court granted. On appeal, the Defendant contends that the trial court erred when it denied the Defendant?s motion to suppress based upon a “good faith exception” to the exclusionary rule. After a thorough review of the record and applicable authorities, we conclude that the trial court erred when it denied the Defendant?s motion to suppress. As such, we reverse the trial court's judgment and remand this case for proceedings consistent with this opinion.