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State v. Smith9/6/2001
re to raise it "prior to trial", but we also find that the motion was untimely because it did not comply with the scheduling order of the trial court. "The court may, at the time of the arraignment or as soon thereafter as practicable, set a time for the making of pretrial motions or requests and, if required, a later date of hearing." Tenn. R. Crim. P. 12(c). Failure to comply with the time set by the trial court constitutes waiver, but the trial court may grant relief from waiver for "cause shown." Tenn. R. Crim. P. 12(f). In this case, no threshold showing of good cause for the Appellant's failure to make a timely motion is shown or even suggested. Accordingly, the Appellant's Fourth Amendment argument was procedurally defaulted.
CONCLUSION
We hold that the trial court did not err in ruling the Appellant's motion to suppress was untimely filed. Pursuant to the Tennessee Rules of Criminal Procedure, a motion to suppress must be raised "prior to trial." Furthermore, the motion was untimely because it did not comply with the trial court's scheduling order. Accordingly, the judgment of the Henry County Circuit Court is affirmed.
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