TN: General statement of “certified question of law” requires dismissal of appeal

Defendant’s general statement of the search and seizure in his state mandated “certified question of law” was insufficient for lack of what it was and what was sought to be suppressed, and the appeal is dismissed. State v. Forest, 2017 Tenn. Crim. App. LEXIS 69 (Jan. 31, 2017)*:

The issues reserved by the Defendant in this case are: (1) Was there a constitutionally permissible basis for the initial stop of the Defendant’s vehicle? and (2) Did the dog sniff impermissibly prolong the stop?

The Defendant’s purported certified question does not clearly identify the “scope and limits of the legal issue.” State v. Long, 159 S.W.3d 885, 887 (Tenn. Crim. App. 2004). Our supreme court has cautioned us regarding questions of law of this kind, stating that in “questions of law involv[ing] the validity of searches and the admissibility of [evidence], the reasons relied upon by the defendant in the trial court at the suppression hearing must be identified in the statement of the certified question of law ….” Preston, 759 S.W.2d at 650. Here, the Defendant’s certified questions of law neither state the reasons the Defendant is entitled to relief nor state what evidence the Defendant is seeking to suppress. Indeed, the questions as posed do not even state the legal basis for suppression. This Court has previously held that certified questions of law that fail to narrowly construe the issues and identify the trial court’s holding do not provide an adequate basis for our review.

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