State v. Carr

Citations

• 2020 Ohio 1523

Syllabus

Appellant was not denied due process when the State failed to preserve the car in which the victim was killed. The evidence in question was not materially exculpatory. Even if the evidence were potentially useful, there was no evidence that the State acted in bad faith. The trial court, therefore, properly overruled appellant's motion to dismiss the indictment. Appellant also failed to show prosecutorial misconduct concerning disclosure of the destruction of the car. Furthermore, while the State did fail to timely disclose DNA evidence concerning a bag of heroin unconnected to the murder, the trial court made proper orders to ensure that appellant's expert could evaluate the recently disclosed information and that appellant could properly prepare for cross-examination of the State's expert at trial. As to appellant's post-judgment appeal of a nunc pro tunc order regarding the court's reconsideration of the motion to dismiss the indictment, that order was not a final appealable order. Judgment affirmed in Case No. 27960 (the judgment of conviction). Appeal in Case No. 28080 (of the post-judgment nunc pro tunc order) dismissed for lack of a final appealable order.