Suppress Evidence Found at Real Property In Which Defendant Did Not Own, Motion to

Except as indicated, all indented material is copied directly from the opinion. 

Decisions of the Tennessee Supreme Court

Decisions of the Tennessee Court of Criminal Appeals

 

State of Tennessee v. Reynolds, Alias, No. E2021-00066-CCA-R3-CD, p. 12 (Tenn. Ct. Crim. App. May 31, 2022).

A trial court’s factual findings on a motion to suppress are conclusive on appeal unless the evidence preponderates against them. State v. Binette, 33 S.W.3d 215, 217 (Tenn. 2000); State v. Odom, 928 S.W.2d 18, 23 (Tenn. 1996). Thus, questions of credibility, the weight and value of the evidence, and the resolution of conflicting evidence are matters entrusted to the trial judge, and this court must uphold a trial court’s findings of fact unless the evidence in the record preponderates against them. Odom, 928 S.W.2d at 23; see also Tenn. R. App. P. 13(d). The application of the law to the facts, however, is reviewed de novo on appeal. State v. Keith, 978 S.W.2d 861, 864 (Tenn. 1998).

License

Grading Papers - Criminal Copyright © 2023 by BirdDog Law, LLC (No copyright claimed as to government works).. All Rights Reserved.