798 So. 2d 519 - State v. McGrone’s Empirical Analysis

Citation profile

14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the evidence in question must possess an exculpatory value that was apparent before the evidence was destroyed; (2) the evidence must be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means; and (3) the prosecution’s destruction of the evidence must have been in bad faith.”

   8 later decisions quote this exact passage · from the majority
   e.g. McGee v. State · Freeman v. State

2. “The question of whether Trombetta actually mandated a finding of bad faith on the part of the State in such cases was no longer open to interpretation after the U.S. Supreme Court's decision in Arizona v. Youngblood, 488 U.S. 51 , 109 S.Ct. 333 , 102 L.Ed.2d 281 (1988). Youngblood dealt with a failure to refrigerate clothing worn by a victim of a sexual assault and to test the clothing for semen samples. In Youngblood, 488 U.S. at 58 , 109 S.Ct. 333 , the U.S. Supreme Court stated: "We therefore hold that unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law." The Youngblood rule was applied by this Court in Holland v. State, 587 So.2d 848, 869 (Miss.1991).”

   1 later decision quote this exact passage · from the majority
   e.g. 849 So. 2d 1281 - Murray v. State

3. “Where the State's actions absolutely prevent a defendant in a criminal case from presenting proof on this issue, we will consider the requirement of bad faith to have been proven.”

   1 later decision quote this exact passage · from the majority
   e.g. 962 So. 2d 649 - Jackson v. State