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Appellate panel questions jurisdiction to decide certified question without plea-hearing transcript
Summary
At an appellate hearing, defense counsel said the plea-acceptance transcript was not in the record while the state told the court that compliance with Tennessee Rule of Criminal Procedure 37 is mandatory; the panel took no immediate ruling.
An appellate panel heard argument over whether it has jurisdiction to decide a certified question about the constitutionality of a police roadblock after defense counsel said the plea-acceptance hearing transcript was not in the record.
Joseph Mac Murray, an attorney with the Sullivan County Bar, told the court that the central issue "is the constitutionality of this stop," and urged the panel to allow the certified question to proceed despite alleged gaps in the record. Murray said he had sought and obtained leave to supplement the record and later told the court he had obtained the sentencing-hearing transcript from the Sullivan County clerk.
The state, represented by Courtney Orr, opposed suspending standard procedure. Orr argued that Tennessee Rule of Criminal Procedure 37 sets…
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