Duty to Preserve Favorable Evidence (Trombetta Youngblood Motion
The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve material, exculpatory evidence If the prosecution fails to preserve such evidence, the defense may make a motion for sanctions called a Trombetta or Youngblood motion. Because Trombetta Youngblood motions are constitutionally mandated under the due process clause and concern exculpatory evidence they survive Propositon 115. The showing the defense attorney must make to obtain relief from the court varies depending on whether the loss of the evidence was in bad faith. A defendant who can establish that the DDA acted in bad faith in destroying or failinng to preserve evidence is entitled to releif on a showing that the lost or destroyed evidence might have exonerated him. If the defense cannot establish bad faith the defendant is entitled to relief only on a showing that the lost or destroyed evidence was material and exculpatory. Material exculpatory evidence is evidence that might be expected to play a significant role in the suspects defense. It must possess an exculpatory value that was apparent before the evidence was destoryed or lost and be of such a nature that the defendant would be unale to obtain comparable evidence by other reasonably available means.
Categories:
Criminal Defense, Driving Under the Influence, Domestic Violence, Santa Cruz Criminal Defense Attorney, Misdemeanor, Expungement, Drug Abuse, DUI, DUI with Injury, Santa Cruz DUI Defense Attorney, Santa Cruz Juvenile Defense Attorney, Vehicular Manslaughter, Murder, Sex Crimes, Santa Clara County Criminal Defense, Santa Cruz Domestic Violence Defense Attorney, Santa Clara County Domestic Violence Defense Attorney, Santa Cruz Criminal Defense Lawyer, Santa Clara County Criminal Defense Lawyer, Monterey Domestic Violence Defense Attorney/Lawyer, San Jose Domestic Violence Defense Attorney/Lawyer, Intellectual Property Crimes, Domestic Violence Restraining Orders