» posted on Tuesday, October 6th, 2015 at 4:54 am by admin
Attorney Randy Grantham – On Preservation of Evidence in a DUI Case and Discussion of Arizona v. Youngblood
Attorney Randy Grantham discusses a recent appeal (Florida v Funderburg) on the issue of the government failing to preserve evidence (field sobriety tests in a DUI case) when it is mandatory department policy and when officer had the ability to record the evidence (operable video equipment) and no excuse not to. Grantham also discusses the rule established in the US supreme court case, Arizona v. Youngblood, in which Scotus held that unless the defense can prove bad faith on the part of the government, non preservation of “potentially exculpatory” evidence does not violate due process rights against the accused. After having served 15 years in prison, Larry Youngblood (who was innocent) was exonerated and the charges against him dismissed.
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