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Posted by: Chandra Williams on Jun 29, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Barry Staubus, District Attorney General; and Benjamin Rowe, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

J. Matt King and Matthew A. Spivey, Kingsport, Tennessee, for the appellee, Lisa Hayes.

Judge(s): HOLLOWAY

The Defendant, Lisa Hayes, was arrested without a warrant for driving under the influence and simple possession of marijuana. More than one year later, the Sullivan County General Sessions Court held a preliminary hearing, and the Defendant’s case was bound over to the grand jury. Following her indictment for the offenses, the Defendant filed a motion to dismiss the indictment in the Criminal Court for Sullivan County, alleging that the prosecution was not commenced within the applicable one-year statute of limitations. The trial court agreed and granted the Defendant’s motion to dismiss. In this appeal as of right, the State challenges the trial court’s ruling dismissing the case. Because no document in the record qualifies as a valid arrest warrant and the State failed to establish that the Defendant’s first appearance in general sessions court was within the applicable statute of limitations, we affirm the judgment of the trial court.