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STATE v. NIGHTWINE

No. M2013-00609-CCA-R3-CD.

STATE OF TENNESSEE v. WESLEY CLAYTON NIGHTWINE and RUBY MICHELLE BUSH

Court of Criminal Appeals of Tennessee, at Nashville.

Filed December 17, 2013.

Attorney(s) appearing for the Case

Jacob W. Fendley and Debra A. Wall , for the Defendants-Appellees, Wesley Clayton Nightwine and Ruby Michelle Bush.

Robert E. Cooper, Jr. , Attorney General and Reporter; Clark B. Thornton , Assistant Attorney General; John W. Carney , District Attorney General; and John Finklea , Assistant District Attorney General, for the Appellee, State of Tennessee.

CAMILLE R. McMULLEN, J., delivered the opinion of the court, in which THOMAS T. WOODALL and JOHN EVERETT WILLIAMS, JJ., joined.

OPINION

CAMILLE R. McMULLEN, Judge.

The Defendants, Wesley Clayton Nightwine and Ruby Michelle Bush, were indicted by the Montgomery County Grand Jury for various drug and firearms offenses following the execution of a search warrant at Mr. Nightwine's residence. The Defendants filed a motion to suppress the evidence seized, and the trial court granted that motion and dismissed the case as to each defendant. The State appeals, asserting that the search warrant...

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