Does anyone know about a jury instruction when the state has lost video evidence of a DWI? Also, any information on speedy trial issues because the video has been destroyed/lost?

Thanks

That is not a penal code defense so they get no charge. Walters v. State, 2007 WL 4245387, no special charge if a defense is not grounded in the penal code, is covered by the general charge (i.e. beyond a reasonable doubt), and focuses on specific evidence. The other side is probably looking at a court of appeals case named Pena out of the Waco Court of Appeals. That case has already been reversed by the CCA once, and the CCA granted the State's PDR again and the case was argued this Spring. Pena goes against the current trend on Texas Constitutional law and runs afoul of the specific rule Walters about charges.

How does a lost video affect the right to a speedy trial? Are you waiting for a remake?

quote:

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Originally posted by Martin Peterson:
How does a lost video affect the right to a speedy trial? Are you waiting for a remake?

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Presumably if the video was only lost after a significant amount of time, that could help the defendant's showing that he was prejudiced by the lack of speedy trial. If it was lost early in the process, though, it won't have any effect, because it's not a prejudice attributable to the delay.