People v. Newberry

I respectfully dissent.

I completely agree with the majority’s rejection of the State’s argument that, under Sleboda, the defense must request preservation of a controlled substance as a precondition to later objecting to its destruction. The materiality of the wrecked automobile in Sleboda, which was argued to be potentially exculpatory, was a matter of legitimate dispute. This court observed that when the defense has made a timely request for preservation of certain evidence, it will be relieved of the usual burden of demonstrating that the exculpatory value of the evidence was readily…