State v. Lambo

BLACK, Judge.

The State challenges the trial court’s order dismissing the information charging Michelle Lambo with leaving the scene of a crash with injury. The trial court determined that Lambo’s due process rights were violated by law enforcement’s failure to preserve evidence. We reverse and remand.

Lambo filed a motion to dismiss, or in the alternative a motion in limine, alleging that law enforcement lost or destroyed materially exculpatory evidence. Specifically, Lambo claimed that witnesses to the crash had been shown two photo packs, both of which contained photos of Lambo, and none of…