Legal Opinion
State v. Gerhardt
Court of Appeals of Arizona
Decided February 28, 1989No. 1 CA-CR 88-276PublishedCited by 6 opinions
1Opinion of the Court
OPINION
CONTRERAS, Presiding Judge.
In this criminal appeal, we consider the question of whether a person charged with driving while under the influence of alcohol has been deprived of due process by the state’s failure to preserve a videotape of the person which was taken after his arrest. Based upon the record presented, we conclude that no due process violation has been shown. Therefore, the trial court’s order dismissing the charge against appellee is reversed and the case is remanded for reinstatement of the charge and further proceedings.
On September 20, 1987, Prescott police officer…
2Cases cited8 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Arizona v. YoungbloodSupreme Court of the United States · 1989
- State v. WillitsArizona Supreme Court · 1964
- Scales v. City Court of City of MesaArizona Supreme Court · 1979
- State v. HansenArizona Supreme Court · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. SteffesNorth Dakota Supreme Court · 1993
- State v. TorresCourt of Appeals of Arizona · 1989
- State v. Herrera-RodriguezCourt of Appeals of Arizona · 1990
- State v. SteffesNorth Dakota Supreme Court · 1993
- State v. YoungbloodArizona Supreme Court · 1993
1 more not listed; retrieve them via the Exa API.