State of Tennessee v. Kelly Nicole Henderson

Case Number
M2016-01325-CCA-R9-CD

We granted this interlocutory appeal to review the trial court’s order granting the Defendant’s motion to suppress the results of a breath alcohol test.  Prior to trial, the Defendant filed a motion to suppress the results of the breath alcohol test based upon a violation of State v. Sensing,843 S.W.2d 412 (Tenn. 1992).  The trial court granted the Defendant’s motion to suppress, and the State filed for an interlocutory appeal.  After review of the record and applicable authority, we hold that the trial court erred in suppressing the results of the blood alcohol test because the State attempted to properly admit them through expert testimony in accordance with Tennessee Rules of Evidence 702 and 703.

Authoring Judge
Judge D. Kelly Thomas, Jr.
Originating Judge
Judge Amanda J. McClendon
Case Name
State of Tennessee v. Kelly Nicole Henderson
Date Filed
Dissent or Concur
No
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