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(1) Where uncontroverted pleaded facts show a conveyance of real estate between husband and wife for nominal consideration, does a rebuttable presumption of fraudulent conveyance arise upon challenge of the conveyance by creditors?
Table of Authorities for Leopold v. Tuttle, 549 A.2d 151, 378 Pa. Super. 466 CourtListener is hosted by Free Law Project, the leading nonprofit using data, technology, and advocacy to make the legal system more equitable.
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- Opinion
- I. Factual and Procedural Overview
- A. Facts Recited in The Search Warrant Affidavit
- B. Suppression Hearing
- Standards of Review
- Probable Cause and The Preference For Warrants
- The Role of and Requirements For Search Warrant Affidavits
- Aguilar/Spinelli Analysis vs. Gates Analysis
- The Jacumin Decision
- Reconsideration of Jacumin
Cornelia A. Clark, J.We granted the State's appeal primarily to determine whether the intermediate appellate court erred in finding the search warrant affidavit insufficient to establish probable cause, and in doing so, to revisit the continuing vitality of State v. Jacumin , 778 S.W.2d 430 (Tenn. 1989). In Jacumin , this Court refused to follow Il...
In 2012, the Maury County Grand Jury returned two separate indictments charging the defendant, Jerry Lewis Tuttle, with multiple offenses in connection with a drug trafficking conspiracy. The indictments were issued after officers executed a search warrant on April 24, 2012, for property located at 4571 Dugger Road, Culleoka, Tennessee, in Maury Co...
Trooper Shawn Boyd, a Tennessee Highway Patrol ("THP") officer, prepared the April 23, 2012 affidavit that resulted in the issuance of the April 24, 2012 search warrant allowing officers to search the 4571 Dugger Road property.When he prepared the affidavit, Trooper Boyd had worked as a THP officer for ten years and had been assigned to the Nashvil...
At the pretrial suppression hearing, the defendant argued that the affidavit failed to establish probable cause because it lacked sufficient facts to establish a nexus between the drugs and the defendant's residence on the 4571 Dugger Road property. The defendant insisted that the allegations of the affidavit actually indicated that the drugs were ...
Familiar standards govern our review of suppression issues. We uphold the trial court's findings of fact, unless the evidence preponderates against them. State v. Bell , 429 S.W.3d 524, 528 (Tenn. 2014) (citing State v. Climer , 400 S.W.3d 537, 556 (Tenn. 2013) ; State v. Day , 263 S.W.3d 891, 900 (Tenn. 2008) ). "Questions of credibility of the wi...
Under the Fourth Amendment to the United States Constitution and Article I, section 7 of the Tennessee Constitution search warrants may not be issued unless a neutral and detached magistrate determines that probable cause exists for their issuance. Gates , 462 U.S. at 240, 103 S.Ct. 2317 ; Henning , 975 S.W.2d at 294 ; Jacumin , 778 S.W.2d at 431. ...
In Tennessee, probable cause for issuance of a warrant is established by presenting "a sworn and written affidavit" to the magistrate. Saine , 297 S.W.3d at 205–06 ; see alsoHenning , 975 S.W.2d at 294 ; Jacumin , 778 S.W.2d at 432. "To ensure that the magistrate exercises independent judgment, the affidavit must contain more than mere conclusory a...
In Aguilar , the United States Supreme Court held that the magistrate reviewing a search warrant affidavit "must be informed of some of the underlying circumstances from which the informant concluded that the narcotics were where he claimed they were, and some of the underlying circumstances from which the officer concluded that the informant, whos...
In declining six years later to follow Gates , the Jacumin Court characterized the totality-of-the-circumstances test as "inadequate as a test of probable cause." Jacumin , 778 S.W.2d at 435. The Jacumin Court conceded that "the task of the issuing magistrates and the duty of the reviewing court[s] ... are the same under either the Gates standard o...
The overwhelming majority of states now apply the Gates totality-of-the-circumstances analysis for determining whether an affidavit establishes probable cause for issuance of a search warrant. Indeed, Tennessee is one of only a handful of states that still applies the two-pronged Aguilar/ Spinelli test as a matter of state statutory or constitution...
Jun 27, 2022 · Journalist Jason Leopold submitted a FOIA request to U.S. Secret Service for records concerning the removal of presidential records from Mar-a-Lago. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Leopold filed suit.
Jul 20, 2017 · In State v. Tuttle, the court rejected their former decision in Jacumin and decided that Tennessee would now follow the U.S. Supreme Court ruling in Gates; a totality of the circumstances test would now apply to search warrants based on the statements of criminal informants.
Facts. Leopold (defendant) hired Weiss to set fire to a building in order to collect insurance proceeds on some furniture stored in part of the building. The furniture was owned by the Waterbury Furniture Company, in which Leopold was a minority shareholder.
