Can a defendant argue that a failure to preserve or preserve evidence in a criminal case is a denial of his right to a fair trial?

Equally important, defendant cannot show any bad faith on the part of the state. Arizona v. Youngblood (1988) 488 U.S. 51, 57, 109 S.Ct. 333, 337, 102 L.Ed.2d 281, 289 concerned the failure of the state to preserve evidentiary material "of which no more can be said than that it could have been subjected to tests, the results of which might have exonerated the defendant." The court refused to impose a duty on the state to retain all material that might conceivably be of evidentiary value in a particular prosecution. Instead, the court held that unless a defendant can show bad faith on the part of the state, failure to preserve potentially useful evidence is not a denial of due process. (Id. at pp. 57-58, 109 S.Ct. at pp. 337-338, 102 L.Ed.2d at p. 289.)