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FREEMAN v. STATE

No. 2012-KM-00192-SCT.

121 So.3d 888 (2013)

Erwyn FREEMAN a/k/a Erwyn E. Freeman v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied October 3, 2013.

Attorney(s) appearing for the Case

Charles Richard Mullins , Jackson, attorney for appellant.

Office of the Attorney General by Laura Hogan Tedder , John R. Henry, Jr. , Scott Stuart , attorneys for appellee.

EN BANC.

KING, Justice, for the Court:

¶ 1. In this conviction for driving under the influence ("DUI") first offense, speeding, and littering, the State lost key evidence prior to the defendant's de novo trial in county court, while it was under a court order to preserve the evidence. The State's actions violated the defendant's due process right to present a complete defense. Further, the county court improperly admitted proof of the radar device's accuracy under the...

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