Legal Opinion
Baker v. Cestari
District Court, D. New Hampshire
Decided September 8, 1983No. Civ. No. 83-303-DPublishedCited by 1 opinion
1Opinion of the Court
ORDER
DEVINE, Chief Judge.
May one not called as a trial witness be required to respond in money damages to an unsuccessful litigant for failure to preserve evidence favorable to such litigant? That is the question posed at this stage of this lawsuit.1 For reasons hereinafter detailed, it must be answered in the negative. The salient facts2 are as follows.
On July 13, 1979, in Stratham, New Hampshire, plaintiff Donald E. Baker shot and severely wounded his estranged wife, Karen Cestari Baker. Charged with the offense of attempted murder, he raised a *844defense of insanity, but his conviction after…
2Cases cited19 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Washington v. TexasSupreme Court of the United States · 1967
- Briscoe v. LaHueSupreme Court of the United States · 1983
- United States v. Valenzuela-BernalSupreme Court of the United States · 1982
- United States v. Paul Rowton BailleauxCourt of Appeals for the Ninth Circuit · 1982
14 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- KW Thompson Tool Co., Inc. v. United StatesDistrict Court, D. New Hampshire · 1987