Is there any federal habeas relief available to correct an error of law in destroying evidence in the context of a criminal case?
MultiRegion, United States of America
The following excerpt is from Colbert v. Miller, CASE NO. 12cv2941-LAB (BGS) (S.D. Cal. 2014):
Colbert's claim fails for numerous reasons. First, the evidence Colbert points to was destroyed in 1985, eight years after his conviction was final. The state statute he cites was enacted fifteen years later, in 2000. State officials did not violate the statute by destroying the evidence. In addition, federal habeas relief is not available to correct errors of state law. See Swarthout v. Cooke, 131 S.Ct. 859, 861 (2011).
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