What is the state's duty to preserve and preserve evidence in a criminal case?
MultiRegion, United States of America
The following excerpt is from Stankewitz v. Mcdonald, 1:06-cv-01220-LJO-JLT HC (E.D. Cal. 2011):
In California courts, the Trombetta and Youngblood standards are applied in tandem. If evidence has an exculpatory value that is apparent before the evidence was destroyed, the Trombetta approach applies and the state has a duty to preserve it. But "[t]he state's responsibility is [more] limited when" the evidence was merely potentially useful. In that case, the state breaches its duty only if it acts in bad faith. (People v. Beeler (1995) 9 Cal. App. 953, 976.)
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