All Content

Posted by: Stacey Shrader Joslin on Aug 1, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Claiborne Ferguson, Memphis, Tennessee (at plea and on appeal), and David Willis, Memphis, Tennessee (at hearing), for the Appellant, Prince Dumas.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Michael McCusker, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Prince Dumas, entered a guilty plea to one count of a first offense for driving under the influence (“DUI”), a Class A misdemeanor. As part of the plea, the defendant reserved a certified question of law. The defendant asserts that police initiated a seizure without reasonable suspicion and that because all of the evidence stems from this seizure, he is entitled to have the indictment dismissed. We conclude that the defendant's certified question, as drafted, is not dispositive of the case, and we are accordingly constrained to dismiss the appeal.