United States Sixth Circuit

Although the police mistakenly destroyed the victim's rape-kit while the investigation into the crimes with which the defendant was ultimately charged remained open, the police had not identified the defendant or anyone else as a suspect at the time the evidence was destroyed and, thus, bad faith was not established in terms of a due process violation.

Appellate Information

• Argued 01/29/2002
• Decided 02/22/2002
• Published 02/22/2002

Judges

• Before: GUY and CLAY, Circuit Judges;  NUGENT, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Richard F. Swope (argued and briefed), Swope & Swope, Reynoldsburg, OH, for Petitioner-Appellant.


• For Appellees:
  
• M. Scott Criss (argued and briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Respondent-Appellee.