District Court of Appeal of Florida

Denial of motion for post-conviction relief in an assault, robbery and sexual battery case is affirmed where the destruction of evidence after trial and prior to the advent of DNA testing does not constitute bad faith since no one at that time could have anticipated that such evidence would have any future evidentiary value.

Appellate Information

• Decided 09/01/2006
• Published 09/01/2006

Judges

• PER CURIAM., Before COPE, C.J., and GREEN and CORTIÑAS, JJ.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Michael Swain, in proper person.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.