State of Tennessee v. Joshua Hunter Bargery

Joshua Hunter Bargery (“the Defendant”) appeals his Lake County Circuit Court convictions for two counts of first degree felony murder and two counts of especially aggravated robbery, for which he received a total effective sentence of two consecutive life sentences. On appeal, the Defendant contends that: (1) his rights under the Fourth Amendment of the United States Constitution and Article I, section 7 of the Tennessee Constitution were violated by the trial court’s denial of his motions to suppress evidence obtained during the search of the Defendant and his automobile; (2) the trial court erroneously excluded as hearsay the Defendant’s testimony regarding statements made by Mr. Hill, Mr. Hernandez, and “the three Mexicans”; (3) the trial court erred in excluding relevant and material testimony from the Defendant’s crime scene expert; (4) the Defendant is entitled to a new trial based on prosecutorial misconduct; (5) the trial court erred in denying the Defendant’s motion to dismiss the indictment based on law enforcement’s intentional destruction of exculpatory evidence; (6) the Defendant’s due process rights were violated by the State’s failure to disclose Mr. Hernandez’s complete criminal record and the State’s agreement not to treat him as a “suspect”; (7) the trial court erred by admitting a copy of a letter written by the Defendant, which was not produced by the State during discovery; (8) the trial court erred in its instructions to the jury; (9) the evidence was insufficient to support his convictions; (10) the trial court erred when it imposed consecutive sentences; (11) the trial court erred in denying the Defendant’s motion for recusal; (12) the Defendant is entitled to a new trial based on violations of the trial court’s order of sequestration; and (13) cumulative error deprived the Defendant of due process and a fair trial. Following a thorough review of the record and applicable law, we reverse the judgments of the trial court and remand for a new trial.