STATE OF TENNESSEE v. RICHARD DALE SMITH - Articles

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Posted by: Chandra Williams on Jul 6, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Johnny Houston, Jr., Chattanooga, Tennessee, for the appellant, Richard Dale Smith.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; M. Neal Pinkston, District Attorney General; and Bates W. Bryan, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

After the trial court denied his motion to suppress, the Defendant, Richard Dale Smith, pled guilty to driving under the influence (“DUI”). See Tenn. Code Ann. § 55-10-401. As a condition of his guilty plea, he sought to reserve the right to appeal a certified question of law challenging the trial court’s denial of his motion to suppress. Following our review of the record, we dismiss the appeal because the Defendant failed to properly certify his question of law in accordance with Tennessee Rule of Criminal Procedure 37(b)(2).

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