The Rutherford County Grand Jury indicted Defendant, Matthew Whitehair, for three counts of rape of a child, two counts of rape, eight counts of incest, three counts of statutory rape by an authority figure, and one count of sexual battery by an authority figure. During the investigation of the case, officers interviewed Defendant at the police station and videotaped the interview. Prior to trial, Defendant filed a motion to suppress the videotaped interview. After a hearing, the trial court granted Defendant’s motion to suppress. The trial court held that the videotape was not relevant because Defendant’s answers were ambiguous. Following the granting of the motion to suppress the State moved the trial court for an interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 9. The trial court denied this motion and the State applied in this Court for an extraordinary appeal pursuant to Tennessee Rule of Appellate Procedure 10. This Court granted the State’s application solely on the basis that the trial court acted arbitrarily in denying the application for a Rule 9 appeal. This Court did not address the merits of the granting of the motion to suppress. On appeal, the State argues that the trial court erred. We have reviewed the record on appeal and conclude that the trial court did not abuse its discretion in granting the motion to suppress. Therefore, we affirm the trial court’s decision to grant Defendant’s motion to suppress
Case Number
M2010-02415-CCA-R3-CD
Originating Judge
Judge David Bragg
Case Name
State of Tennessee v. Matthew Whitehair
Date Filed
Dissent or Concur
No
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