Lolly v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that failure to gather material evidence entitles defendant to favorable inference instruction based on the missing evidence
• providing that when State fails to preserve evidence that may be material to defendant’s guilt or innocence, remedy is instruction requiring jury to infer that missing evidence would have been exculpatory
• declining to follow federal due process cases and holding that bad faith by the police in preserving exculpatory evidence is not a prerequisite to finding a lack of due process under the Delaware Constitution or the federal constitution
• declining to follow federal due process cases and holding that bad faith by the policy in failing to preserve exculpatory evidence is not a prerequisite to a lack of due process under the Delaware Constitution
• extending Deberry to a claim involving a police failure to gather evidence
• extending Deberry to a claim involving a police failure to gather evidence

Source: CourtListener parenthetical corpus (CC0).