State v. Rowland

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A defendant has no appeal as of right under Tenn. R. App. P. 3(b) from the denial of a Tenn. R. Crim. P. 41(g) motion for return of property when the defendant did not file a pretrial motion to suppress and pleaded guilty. Defendant here was indicted on charges of aggravated assault by use or display of a deadly weapon. After law enforcement officers seized guns and related items from Defendant’s home Defendant guilty guilty to reduced charges of reckless endangerment. Three years later, Defendant filed a Rule 41(g) motion for the return of property. The trial court dismissed the motion. The Court of Criminal Appeals reversed. The Supreme Court reversed, holding that when a defendant does not file a motion to suppress and waives any non-jurisdictional defects in the proceedings by entry of a guilty plea, rule 3(b) does not afford the defendant with an appeal as of right from the trial court’s denial of a rule 41(g) motion. View "State v. Rowland" on Justia Law