The following excerpt is from Delamora v. Baughman, No. 2:17-cv-0871-MCE-EFB P (E.D. Cal. 2018):
Law enforcement does, however, have an obligation under the Fourteenth Amendment's Due Process Clause to preserve evidence that "might be expected to play a significant role in the suspect's defense." California v. Trombetta, 467 U.S. 479, 488 (1984). To meet this standard, "evidence must both possess an exculpatory value that was apparent before the evidence was destroyed and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means." Id. at 489. When law enforcement destroys evidence that might have exonerated a defendant, he must also show bad faith on the part of law enforcement in failing to preserve the evidence. Youngblood, 488 U.S. at 57.
3. Objective Reasonableness Under 2254(d)
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