State of Tennessee v. Jimmy Dewayne Richards

Defendant, Jimmy Dewayne Richards, was convicted by a Fentress County jury of burglary, theft of property, and vandalism. On appeal, the Defendant argues, among other things, that the trial court erred by denying the Defendant’s pretrial motion to suppress. We cannot adequately review on the record before us whether the search was supported by probable cause or whether Defendant lacked standing to challenge the search. The trial court sua sponte raised the standing issue after all the proof was presented at the hearing and did not comply with its duties to judge the credibility of witnesses, to weigh the evidence, and to resolve factual issues in deciding the motion to suppress. We therefore remand this case for a new hearing on the motion to suppress in accordance with the instructions in this opinion.