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Posted by: Chandra Williams on Nov 30, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard Hughes, Jr., District Public Defender; and John Fortuno, Assistant District Public Defender, for the Appellant, Steven J. Ballou.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Stephen Crump, District Attorney General; and Brooklyn Townsend, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Steven J. Ballou, pled guilty to one count of evading arrest, a Class D felony, and received a sentence of five years to be served consecutively to a prior sentence. As part of his guilty plea, the defendant reserved two certified questions of law. In the first question, he argues that an eighteen-month pre-indictment delay caused substantial prejudice to his right to a fair trial and was an intentional delay by the State to gain a tactical advantage over the defendant. In the second, he contends that the loss of police cruiser dashboard camera videos that contained potentially exculpatory evidence violated his right to a fair trial. Following our review, we affirm the judgment of the trial court as to the first certified question of law and conclude that we do not have jurisdiction to consider the second certified question.