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Posted by: Landry Butler on Oct 6, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Rachel E. Willis, Senior Counsel; Matthew F. Stowe, District Attorney General; and Paul D. Hessing and Vance Dennis, Assistant District Attorneys General, for the appellant, State of Tennessee.

Attorneys 2:

Anthony L. Clark, Paris, Tennessee, for the appellee, Tina Lynn Szabo.


This is an appeal by permission, pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. A Henry County grand jury indicted the Defendant, Tina Lynn Szabo, for various charges arising out of a traffic stop based upon the Defendant's erratic driving and the subsequent blood test results obtained by a search warrant for a blood draw. The Defendant filed a motion to suppress the blood test results obtained as a result of a search warrant, and the trial court suppressed the blood test results, ruling that an error within the warrant and an untimely return rendered the search warrant invalid. The State filed a motion for an interlocutory appeal, which was granted by the trial court. We granted the Rule 9 appeal, and the State asserts that the trial court erred when it granted the Defendant's Motion to Suppress. After review, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.