Legal Opinion

Illinois v. Fisher

Supreme Court of the United States

Decided February 23, 2004No. 03-374PublishedCited by 301 opinions

1Per curiam

The Appellate Court of Illinois held here that the Fourteenth Amendment’s Due Process Clause required the dismissal of criminal charges because the police, acting in good faith and according to normal police procedures, destroyed evidence that respondent had requested more than 10 years earlier in a discovery motion. Petitioner, the State of Illinois, contends that such a result is foreclosed by our decision in Arizona v. Youngblood, 488 U. S. 51 (1988). There we held that “unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful…

2Cases cited8 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. AgursSupreme Court of the United States · 1976
  3. Michigan v. LongSupreme Court of the United States · 1983
  4. California v. TrombettaSupreme Court of the United States · 1984
  5. Arizona v. YoungbloodSupreme Court of the United States · 1989

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3Cited by301 opinions

  1. Jeffrey Moldowan v. Maureen FournierCourt of Appeals for the Sixth Circuit · 2009
  2. Pena v. StateCourt of Criminal Appeals of Texas · 2009
  3. State v. PowellOhio Supreme Court · 2012
  4. Commonwealth v. AllenSuperior Court of Pennsylvania · 2011
  5. Commonwealth v. CollinsSupreme Court of Pennsylvania · 2008

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