State of Tennessee v. Larry Mitchell Brooks

Appellee, Larry Mitchell Brooks, was indicted by the Maury County Grand Jury for one count of driving under the influence, one count of violation of the open container law, one count of violation of the registration law, one count of violation of financial responsibility law, and one count of failure to maintain control.  Prior to trial, Appellee filed a motion to suppress the blood sample evidence on the basis that the State was unable to provide proper chain of custody for the sample.  After a hearing, the trial court granted the motion to suppress by written order.  The trial court entered an order of nolle prosequi.  The State filed a notice of appeal on the same day that the order of nolle prosequi was entered.  After a review of the record and applicable authorities, we determine that Tennessee Code Annotated section 55-10-410 does not require the certificate of the blood draw to include the person who took the blood specimen in order to establish chain of custody and that the evidence at the hearing on the motion to suppress adequately established the chain of custody.  Accordingly, we reverse the grant of the motion to suppress and remand the matter for further proceedings consistent with this opinion.