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Judge schedules May deadline after defense seeks more time on suppression motion in State v. Dubois Jr. and Perry
Summary
Defense attorneys told the court they need more time to review video evidence and may file a second amended motion in the joint suppression petition; the judge set May 13 as the filing deadline and said the motion will be set for the May criminal docket.
The court on the criminal docket heard arguments about an amended joint motion to suppress filed in State of Tennessee v. James Thomas Dubois Jr. and Billy Ray Perry, and the presiding judge set a May filing deadline after defense counsel said they needed time to review additional video evidence.
Defense counsel told the court they had filed an amended motion to suppress alleging standing and that review of a recently obtained, parallel case file produced "numerous videos" that could require a second amended motion on a different theory. "Rather than necessitate a second motion, we'd rather just work through all that," defense counsel said, asking the court to continue the suppression hearing to allow consolidation of issues and review of the material.
The prosecutor and the court asked how long defense would need. Defense counsel said they had only accessed the parallel file that morning and could not yet determine how much information it contained. Counsel also said they were in the middle of other trial obligations and that May would be the earliest they could be ready to proceed. The judge set May 13 as the deadline for filing any second amended suppression motion and said the matter would be placed on the first criminal docket of the May term, to be assigned a hearing date when calendar openings are known.
The joint amended motion to suppress was identified on the record as part of the cases captioned State of Tennessee v. James Thomas Dubois Jr. and State of Tennessee v. Billy Ray Perry. The transcript also references Eric Zulers of the drug task force in the context of the underlying investigation, though no testimony from Zulers was taken during the portion of the hearing provided.
No ruling on the suppression issues was made at the hearing excerpted in the record. The court’s scheduling order sets a procedural deadline for defense filings on May 13; the motion will be set for a May-term hearing date to be determined by the clerk when the calendar permits.
