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48 Clev. St. L. Rev. 335 (2000)
Here Today, Gone Tomorrow - Three Common Mistakes Courts Make When Police Lose or Destroy Evidence with Apparent Exculpatory Value

handle is hein.journals/clevslr48 and id is 345 raw text is: HERE TODAY, GONE TOMORROW - THREE COMMON MISTAKES COURTS MAKE WHEN POLICE LOSE OR DESTROY EVIDENCE WITH APPARENT EXCULPATORY VALUE ELIZABETH A. BAWDEN' I. INTRODUCTION .................................................................... 336 II. CALIFORNIA v. TROMBEYTA ................................................... 338 III. ARIZONA V. YOUNGBLOOD ..................................................... 339 IV. APPLICATION OF TROMBETTA ................................................ 341 V. APPLICATION OF YOUNGBLOOD ............................................ 342 VI. WHAT CONSTITUTES APPARENT EXCULPATORY V A LU E? ............................................................................... 343 A. Evidence Which Has Been Tested and Appears to be Inculpatory ......................................................... 343 B. Evidence Which Could Have Been Subjected to Tests Which Might Have Exonerated Defendant ......... 344 C. Evidence Whose Possible Exculpatory Value is Apparent Prior to its Loss or Destruction ................... 344 D. Evidence that will Certainly Exonerate a D efendant ..................................................................... 345 E. Framework for Understanding Exculpatory Value .......................................................................... 346 VII. WHEN DOES YOUNGBLOOD'S BAD FAITH REQUIREMENT APPLY TO FAILURE TO PRESERVE EVIDENCE CASES? .......... 346 A. Approach #1 Bad Faith is a Required Element of All Failure to Preserve Evidence Claims ................ 346 'Law Clerk, Honorable Wiley Y. Daniel, District of Colorado. Executive Editor, UCLA Law Review, Volume 47. J.D., UCLA School of Law, 2000; B.A. Philosophy, Wheaton College, 1997. Praise and thanks be to God, without whom neither my existence, nor my successes, would be possible or meaningful. If I have said anything correct, it is through His Grace alone, and if I have said anything incorrect, the error is only my own. For having introduced me to this issue and challenging me to pursue it, I owe my deepest gratitude to Justice Thomas E. Hollenhorst and his Chambers at the California Court of Appeal, Fourth Appellate District, Division Two. I thank Professor David Sklansky for his investment of time in me and tireless guidance on this Article. Thanks also to Professors Carolyn Kubota, David Dolinko, Devon Carbado, and Peter Aranella who read and commented on earlier drafts. Special thanks go to the folks at WLAB (Will, Di, Shar, et. al.) for their encouragement throughout the writing process and, most of all, to my role models in law and in life, Richard and Mary Bawden.

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