Arizona court of appeals reversed the conviction

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Arizona Court of Appeals reversed the conviction claiming the state had breached a constructional duty to preserve the semen samples. Rule of Law: Brady v Maryland o The suppression by the prosecution of evidence favorable to the accused upon request, violates the due process. US v Agurs o Held that the prosecution had a duty to disclose some evidence of this description Due process clause of the 14 th amendment o Criminal defendant can show bad faith on part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of the law. Application – the court applied the rule the to the facts by requiring a defendant to show bad faith on the part of the police that limits the polices obligation to preserve evidence to the reasonable bounds and confines it to the class of cases where the interest of justice must clearly require it. It holds unless a criminal defendant can show bad faith on part of the police, failure to preserve potentially useful evidence does not constitute as a denial of due process of law.
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None of this information was concealed from respondent at trail, and the evidence, such as it was, was made available to respondents’ expert who declined to preform any tests on the samples. Defenses theory was they did this because they were trying to frame my client. They did not have a suspect until the boy identified the respondent, therefore they were trying to frame him by this evidence. Conclusion – the judgement of the Arizona Court of Appeals is reversed, and the case remanded for further proceedings not inconsistent with this opinion.
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