Lolly v. State

WALSH, Justice:

In this appeal from the Superior Court we again confront the question of the evi-dentiary effect of the State’s failure to collect and/or retain allegedly exculpatory evidence. The State argues that we should abandon the analysis crafted by our rulings in Deberry v. State, Del.Supr., 457 A.2d 744 (1983) and Hammond v. State, Del.Supr., 569 A.2d 81 (1989) in favor of a standard which turns on the good faith of the police, as exemplified in Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988). We reaffirm our adherence to the more exacting standard based on…