State of Tennessee v. William Tony Burrell

Pursuant to a plea agreement, Defendant William Tony Burrell pleaded guilty to driving under the influence (“DUI”) and possession of a handgun while under the influence. As part of the plea, the Defendant reserved the right to appeal a certified question of law challenging the constitutionality of the seizure that led to his arrest. The Court of Criminal Appeals dismissed the appeal, concluding that the Defendant’s certified question did not meet the requirements of Tennessee Rule of Criminal Procedure 37(b)(2) as set forth by this Court in State v. Preston, 759 S.W.2d 647 (Tenn. 1988). State v. Burrell, No. E2023 01404-CCA-R3-CD, 2024 WL 4512446 (Tenn. Crim. App. Oct. 17, 2024), perm. app. granted, (Tenn. Apr. 23, 2025). Specifically, the Court of Criminal Appeals found that the Defendant’s certified question did not “identif[y] clearly the scope and limits of the legal issue reserved” as required by Rule 37(b)(2)(A)(ii). We granted the Defendant’s application for permission to appeal to determine whether he satisfied the procedural requirements for certifying a question of law and to consider revisions to Tennessee’s certified-question procedure. We hold that a reviewing court must consider the certified question statement together with the record in determining whether the scope and limits requirement of Rule 37(b)(2)(A)(ii) has been met. Reading the Defendant’s certified question together with the record, we conclude that Rule 37(b)(2)(A)(ii) is satisfied. We also conclude that the remaining requirements of Rule 37(b)(2) are met. Accordingly, we reverse and remand to the Court of Criminal Appeals for consideration of the merits of the certified question.