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· 11/18/1993

United States v. Femia

Citations

  • 9 F.3d 990
  • 1993 U.S. App. LEXIS 29890
  • 1993 WL 466385

How courts have described this case

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

  • holding that the “district court clearly erred,in finding a due process violation because [the evidence] was destroyed to the government’s gross negligence, not bad faith”
  • holding that the government’s destruction of tape recordings of conversations between defendant and alleged coconspirators did not violate due process, despite the government’s gross negligence in failing to preserve them
  • holding that in “missing evidence cases,” the good faith/bad faith question is “dispositive”
  • finding no bad faith where evidence was destroyed even though defendant had been charged and remained a fugitive
  • distinguishing in the context of the Youngblood analysis “the government’s gross negligence” from bad faith
  • distinguishing in the context of the Youngblood analysis \the government's gross negligence\ from bad faith

Source: CourtListener parenthetical corpus (CC0).

Judges: DiCLERICO, Stahl, Torruella

Read full opinion on CourtListener

Sourced 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.