State of Tennessee v. Kenneth Hubanks

W2007-00906-SC-R11-CD
Date / Time: 
November 7, 2012 - 9:00am

Lower Court Summary:

A Hardin County grand jury indicted the Defendant, Kenneth D. Hubanks, for possession
with intent to sell more than .5 grams of cocaine, possession with intent to sell more than
one-half ounce of marijuana, and unlawful possession of drug paraphernalia. The Defendant
filed a motion to suppress the evidence, obtained by execution of a search warrant upon his
residence, which the trial court denied. The Defendant entered a plea of nolo contendre to
all of the charges but reserved a certified question of law pursuant to Tennessee Rule of
Criminal Procedure 37(b)(2) as to whether the search warrant established probable cause to
search his residence. After review, we conclude that the Defendant has failed to comply with
the strict requirements of Tennessee Rule of Criminal Procedure 37(b)(2). Accordingly, the
appeal is dismissed.

Court: 
Supreme Court
County: 
Hardin
Division: 
Western Section