The following excerpt is from Rivera v. State of Hawaii, 26 F.3d 132 (9th Cir. 1994):
Rivera has failed to establish that the state's failure to preserve fingerprints or to subject his clothing to analysis violated his due process rights. "The mere failure to preserve evidence which could have been subjected to tests which might have exonerated the defendant does not constitute a due process violation." Paradis v. Arave, 954 F.2d 1483, 1488 (9th Cir.1992), vacated and remanded on other grounds, 113 S.Ct. 1837 (1993). Nor has Rivera established that, had the tests been performed, they would have been exculpatory.
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