Rita v. State

As to Issue I, while I agree that the trial court did not err in refusing to exclude the State's evidence with respect to the broken windshield, I am unable to agree with the implication that prior case law from the United States Supreme Court and from this State creates an absolute "bad faith" requirement with respect to withheld or destroyed evidence. The basic case from which the principle seems to be drawn is Arizona v. Youngblood (1988) 488 U.S. 51, 109 S.Ct. 333, 102 L.Ed.2d 281. In that base, the court enunciated what may appear, on the surface, to be an absolute bad faith proof…