IN RE DISBARMENT OF STORTS, ARIZONA

v.

YOUNGBLOOD; FOLEY V. SECRETARY OF THE ARMY; RAILWAY LABOR EXECUTIVES' ASSN. ET AL. V. CHICAGO & NORTH WESTERN TRANSPORTATION CO. ET AL.; IN RE YOUNGS-SETTLE, BENTLEY V. UNITED STATES; YOUNGS V. LAWYERS SURETY CORP. ET AL.; IN RE KERPA, AKA LAWSON, LUTHER V. PENNSYLVANIA; HAMBLIN V. OHIO; TEDDERS V. LORD ET AL.; MCCOLPIN V. BROOKS; KNOWLES V. UNITED STATES; EMPIRE BLUE CROSS & BLUE SHIELD ET AL. V. UNITED STATES; FLOWERS V. WARDEN, CONNECTICUT CORRECTIONAL INSTITUTION, SOMERS, CONNECTICUT

Citator

Cited By

• Louissaint v. State, 576 So. 2d 316 (Fla. 5th DCA 1990)
  …448 So. 2d 512 (Fla. 5th DCA 1984) are in conflict. We grant rehearing to clarify that any such conflict has now been resolved by the intervening advent of Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988), rehearing denied, 488 U.S. 1051, 109 S.Ct. 885, 102 L.Ed.2d 1007 (1989); see also Kelley v. State, 569 So. 2d 754 (Fla.1990). In Youngblood it was held that “unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence…
• State v. Durkee, 584 So. 2d 1080 (Fla. 5th DCA 1991)
  …rmative finding of bad faith on the part of the police would warrant a dismissal based on denial of due process, as we recently explained in Louissaint. See Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988), rehearing denied, 488 U.S. 1051, 109 S.Ct. 885, 102 L.Ed.2d 1007 (1989); see also California v. Trombetta, 467 U.S. 479, 104 S.Ct. 2528, 81 L.Ed.2d 413 (1984). As stated in Trombetta: Whatever duty the Constitution imposes on the States to preserve evidence, that duty must be lim…
• Fairchild v. A.L. Lockhart, 979 F.2d 636 (8th Cir. 1992)
  …effective assistance of counsel at trial because his attorney failed to challenge the legality of his arrest, and that his confessions were coerced and unreliable), and we affirmed. Fairchild v. Lockhart, 857 F. 2d 1204 (8th Cir.1988), cert. denied, 488 U.S. 1051, 109 S.Ct. 884, 102 L.Ed.2d 1007 (1989). Fairchild then filed a second petition for writ of habeas corpus which the district court again denied in a 137-page opinion. Fairchild v. Lockhart, 744 F.Supp. 1429 (1989) (Fairchild argued that he is ment…