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February 2012 Archives

DUI Charges Dismissed Due to Lost Video Evidence

The State has a duty to preserve evidence in its possession in a criminal case. When it fails to do so, consequences can range from simply a corrective jury instruction, to exclusion of some of the remaining evidence, or even dismissal of the criminal charges. In the recent case of State v. Merriman, M2011-01682-CCA-R3-CD (Tenn.Crim.App 2-17-2012), the Tennessee Court of Criminal Appeals upheld a trial court's dismissal of a DUI case where the State lost the digital video recording of the pursuit and stop.

DUI Charges Dismissed Due to Lost Video Evidence

The State has a duty to preserve evidence in its possession in a criminal case. When it fails to do so, consequences can range from simply a corrective jury instruction, to exclusion of some of the remaining evidence, or even dismissal of the criminal charges. In the recent case of State v. Merriman, M2011-01682-CCA-R3-CD (Tenn.Crim.App 2-17-2012), the Tennessee Court of Criminal Appeals upheld a trial court's dismissal of a DUI case where the State lost the digital video recording of the pursuit and stop.

DUI Charges Dismissed Due to Lost Video Evidence

The State has a duty to preserve evidence in its possession in a criminal case. When it fails to do so, consequences can range from simply a corrective jury instruction, to exclusion of some of the remaining evidence, or even dismissal of the criminal charges. In the recent case of State v. Merriman, M2011-01682-CCA-R3-CD (Tenn.Crim.App 2-17-2012), the Tennessee Court of Criminal Appeals upheld a trial court's dismissal of a DUI case where the State lost the digital video recording of the pursuit and stop.

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