State of Tennessee v. Joseph Steele

A Hardin County grand jury indicted the Defendant, Joseph Steele, for rape of a child less than thirteen years of age. The Defendant filed a motion to dismiss the indictment because the State had allegedly lost or destroyed a videotape of the victim’s interview with Michigan Children’s Services. After a hearing, the trial court dismissed the indictment, and the State now appeals the trial court’s dismissal of the indictment. After a thorough review of the record and relevant authorities, we conclude that the trial court erred when it dismissed the Defendant’s indictment without discussing the relevant factors required by State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999). We, therefore, reverse and remand to the trial court to reconsider and make findings of fact regarding whether dismissal of the Defendant’s indictment is appropriate in light of Ferguson.