Missing-Evidence Inference Doesn’t Need Bad Faith

When the government has destroyed evidence before trial, the defendant need not show bad faith to be entitled to an adverse-inference jury instruction even though bad faith is required for dismissal, the U.S. Court of Appeals for the Ninth Circuit held May 7. (United States v. Sivilla, 9th Cir., 11-50484)

Under Arizona v. Youngblood, 488 U.S. 51 (1988), the destruction by the state of evidence that is potentially useful to a defendant constitutes a due process violation only if the defendant can show bad faith.

The defendant in this case could not demonstrate that the government ...