CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Destruction/Failure to Disclose Evid.
......By Prosecution
.........Destruction
8 Cards On This Topic:

No Trombetta violation where no evidence exculpatory material in unrecorded portion of discussions with D was destroyed; if failure to record entire interview was failure to preserve, D's arguments merely speculative.

Partial fingerprint on note found near one murder V did not make it inadmissible per Trombetta/Youngblood where no indication it would have exculpated D, who was not then a suspect and D alleged no bad faith.

D failed to meet burden of showing bad faith in destruction of police personnel records per Gov. Code procedure.

Mere negligent destruction of marijuana evidence D claimed necessary to impeach search warrant affidavit is not bad faith due process violation.

Trombetta bad faith rule, espoused in context of destruction of exculpatory evidence, applies with equal force to destruction of evidence of official wrongdoing.

Court properly denied D's motion to exclude evidence of W's DNA on bullet after biological material removed from bullet; DNA not consumed by testing as remainder still available for defense testing at pretrial.

CHP's destruction of records of names of ride-along observers mandates reversal of conviction.

Noncompliance with discovery by destruction of evidence does not require dismissal; court may give jury instruction or other sanction.