Is there a constitutional violation in the failure to preserve evidence?
California, United States of America
The following excerpt is from People v. Henderson, B224445 (Cal. App. 2012):
no constitutional violation in the failure to preserve evidence here. Thus, the trial court was not obligated to give any instruction on that point. (People v. Farnam (2002) 28 Cal.4th 107, 167 [an instruction need not be given where, as here, no bad faith failure to preserve the evidence was shown].)
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