Missing Evidence Archives

In the previous post, the recent case of State v. Clark, E2009-01795-CCA-R3-CD (Tenn.Crim.App. 10-24-2011) was discussed regarding the search and seizure issue in that case. There was also a missing evidence issue. In addition to excluding evidence, the trial court also dismissed the indictment due to finding that other evidence which had been in the control of the State had been lost and that it was impossible for the Defendant to receive a fair trial due to the State having lost potentially exculpatory evidence (citing State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999). The State appealed this ruling and prevailed.