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Lost Or Destroyed Evidence

Posted by Mario on Oct 27, 2009 in Failure to preserve, Lost or destroyed evidence

“Due process requires the State to preserve material evidence.”  Steese v. State, 114 Nev. 479, 491, 960 P.2d 321, 329 (1998).  The State’s failure to preserve material evidence can lead to dismissal of the charges “if the defendant can show ‘bad faith or connivance on the part of the government’ or ‘that he was prejudiced [...]

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