State of Tennessee v. Kenneth D. Hubanks

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.