Hawkins v. State

OPINION AND ORDER ON PETITION FOR COMMON-LAW WRIT OF CERTIORARI

HARBISON, Justice.

A petition for the common-law writ of certiorari was presented to a member of the Court and subsequently oral argument was heard by the entire court. The single issue which we consider to be properly before us is whether Article 6, § 11 of the Tennessee Constitution requires a trial judge to recuse himself from hearing a motion to suppress a search warrant which he has previously issued.

It has long been provided by statute that the magistrate who issues a search warrant may hear and determine any contest…