· 7/19/1995
State v. Osakalumi
Citations
- 461 S.E.2d 504
- 194 W. Va. 758
- 1995 W. Va. LEXIS 163
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding as a matter of state constitutional law that \fundamental fairness requires [the court] to evaluate the State's failure to preserve potentially exculpatory evidence in the context of the entire record\
- examining criminal defendant’s right to fair trial in light of negligent failure to preserve evidence
- reversing a first degree murder conviction because the state destroyed potentially useful defense evidence
- “When the State had or should have had evidence requested by a criminal defendant but the evidence no longer exists when the defendant seeks its production, a trial court must determine (1
- “we have previously set our state constitutional protections, in some instances, at a higher level than that accorded by the federal constitution[.]”
- even though police acted negligently in disposing of a couch [with a bullet hole] that “was so obviously a part of a pending police investigation,” court could not say their actions were motivated by bad faith
Source: CourtListener parenthetical corpus (CC0).
Judges: McHugh, Brotherton, Recht, Fox, Miller
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.