What is the current state of the law on bad faith inquiry in sexual assault cases?
MultiRegion, United States of America
The following excerpt is from U.S. v. Dring, 930 F.2d 687 (9th Cir. 1991):
8 In light of Youngblood, Hilliard v. Spalding, 719 F.2d 1443 (9th Cir.1983) is no longer good law. In Hilliard we held that the prosecution's loss of a potentially exculpatory sperm sample would permit the court to set aside any bad faith inquiry and presume prejudice to a defendant accused of rape.
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