State of Tennessee v. Justin Darnay Graves

Case Number
W2021-01405-CCA-R3-CD

The Defendant-Appellant, Justin Darnay Graves, was convicted as charged by a Madison
County jury of simple possession of cocaine, felon in possession of a firearm, and
possession of drug paraphernalia, for which he received an effective sentence of six years’
plus eleven months and twenty-nine days’ imprisonment to be served consecutively to
several unrelated convictions including case numbers 20-330 (sale and delivery of heroin),
20-331 (sale and delivery of heroin and sale and delivery of methamphetamine), 20-332
(sale and delivery of heroin and sale and delivery of methamphetamine),1 20-334
(possession of drugs; traffic offense; introduction of contraband into a penal facility;
driving without a license; tampering with evidence), 2 and 20-335 (leaving the scene of
accident resulting in death), two of which were committed while the Appellant was
released on bond. Tenn. Code Ann. § 40-20-111(b). Prior to trial, the Appellant filed a
motion to suppress the evidence obtained during the traffic stop which formed the basis of
his convictions. As grounds for the motion to suppress, the Appellant argued that “the
amount of time between the initial traffic stop and the arrival of the [canine] unit [was]
unreasonable” and in violation of the Fourth Amendment of the United States Constitution
and article I, section 7 of the Constitution of Tennessee. Following a hearing, the trial court
denied the motion to suppress. In this appeal, the Appellant challenges the trial court’s
denial of his motion to suppress and the trial court’s imposition of partially consecutive sentencing. Because the State failed to establish that the otherwise lawful traffic stop was
not unreasonably prolonged in time and scope, we reverse the judgment of the circuit court,
vacate the judgments, and dismiss the case.

Authoring Judge
Judge Camille R. McMullen
Originating Judge
Judge Donald H. Allen
Date Filed
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