Web46-5-307. Petition for destruction, disposal, or use of evidence. (1) For a case filed in district court, the prosecutor may file a petition with the court alleging that there exist certain items held as evidence either by the law enforcement agency or the court and that the items no longer have any evidentiary value. The petition must include: WebInstead, to prove a due process violation through destruction of evidence, a criminal defendant must show that the police destroyed the evidence in bad faith – i.e., that the police destroyed the evidence when they knew that it was exculpatory. 488 U.S. at 56 n.*, 58. If the destruction of semen samples in Youngblood did not constitute a ...

Tennessee v. Garner, 471 U.S. 1 (1985) - Justia Law

Web2024 Tennessee Code Title 29 - Remedies and Special Proceedings Chapter 39 - Compensation for Economic and Noneconomic Damages § 29-39-104. Punitive Damages. ... destroyed or concealed records containing material evidence with the purpose of wrongfully evading liability in the case at issue; provided, however, that this subsection … WebDestruction of Evidence by Custodian Under Mistaken Belief Case Closed 33 h. Destruction Pursuant to Court Order or Statute 33 2. How significant is the fact the defendant made a general request for discovery in assessing whether bad faith exists? 34 3. How significant is the fact the defendant made a specific request for discovery or ... ease the noise

9-14.000 - Procedure for Disposal of Seized Evidence in …

WebSep 1, 2015 · Destruction of Evidence. United States v. Zaragoza-Moreira, 780 F.3d 971 (9th Cir. 2015) The defendant was charged with smuggling drugs across the border. She explained to the Border agent who arrested her that she acted under duress and that she was standing on line with the person who was coercing her and did everything she could … Webacts as described in paragraph (b) with the intention of preventing it from being used in evidence in a legal proceeding—. Shredding documents. Removing documents from a file. Altering or amending documents. Rearranging items at a crime scene. You destroyed, concealed or rendered illegible, undecipherable or incapable of identification a ... WebAN ACT to amend Tennessee Code Annotated, Title 40, ... days of the discovery of the evidence. SECTION 2. Tennessee Code Annotated, Title 40, Chapter 30, is amended … ease the problem synonym