What is the burden of proving unavailable evidence in a sexual assault case?
California, United States of America
The following excerpt is from People v. Yslas, F066892 (Cal. App. 2015):
In any event, we agree with the court that defendant failed to sustain his burden of proving the unavailable evidence had any exculpatory value. And, "if the best that can be said of the evidence is that it was 'potentially useful,' the defendant must also establish bad faith on the part of the police or prosecution. [Citations.]" (People v. Alvarez, supra, 229 Cal.App.4th at p. 773.)
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