Estep v. Commonwealth

COOPER, Justice.

Appellant, Raleigh Estep, has been twice convicted of reckless homicide in the Clay Circuit Court. The Court of Appeals reversed his first conviction in an unpublished opinion because of the trial court’s failure to either dismiss the indictment or give the jury a “missing evidence” instruction pertaining to the Commonwealth’s failure to preserve potentially exculpatory evidence. Estep v. Commonwealth, No. 93-CA-2682-MR (1995). Unfortunately, Appellant’s second conviction must also be reversed for a new trial because (1) the “missing evidence” instruction given at the second…