Topic: without bad faith on the part of the state, 'failure to pre… · Go Syfert
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Topic #10279

6 canonical passages across 6 cases, quoted by 37 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from George v. City of Newark.

#Case FlagCanonical passage Citers
1 George v. City of Newark Anchor
njsuperctappdiv · 2006
green “without bad faith on the part of the state, 'failure to preserve potentially useful evidence does not constitute a denial of due process of law.” 10
2 State v. Knight
nj · 1996
green “evidence is material 'if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” 8
3 State of New Jersey v. Scott Robertson
njsuperctappdiv · 2014
green “evidence is material 'if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” 7
4 State v. Hollander
njsuperctappdiv · 1985
green “(1) whether there was bad faith or connivance on the part of the government, (2) whether the evidence . . . was sufficiently material to the defense, and (3) whether the defendant was prejudiced by the loss or destruction of the evidence.” 6
5 State v. Mustaro
njsuperctappdiv · 2009
green “when the evidence withheld is no longer available, to establish a due process violation a defendant may show that the evidence had 'an exculpatory value that was apparent before it was destroyed' and that 'the defendant would be unable to obtain comparable evidence by other reas…” 3
6 State v. Hollander
nj · 1985
green “(1) whether there was bad faith or connivance on the part of the government, (2) whether the evidence . . . was sufficiently material to the defense, and (3) whether the defendant was prejudiced by the loss or destruction of the evidence.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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