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STATE v. YOUNGBLOOD

Nos. 2 CA-CR 3979, 2 CA-CR 4364-2 and 2 CA-CR 89-0141.

164 Ariz. 61 (1989)

790 P.2d 759

The STATE of Arizona, Appellee/Cross-Appellant, v. Larry YOUNGBLOOD, Appellant/Cross-Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Petition for Review Granted in Part and Denied in Part May 24, 1990.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty. by John R. Gustafson, Special Deputy, Phoenix, for appellee/cross-appellant.

Daniel F. Davis, Tucson, for appellant/cross-appellee.

OPINION

LACAGNINA, Judge.

In this appeal on remand from the United States Supreme Court, Larry Youngblood once again argues for reversal of his convictions for child molestation, sexual assault and kidnapping because evidence crucial to his defense was lost.

We find that Youngblood was deprived of a fair trial and denied due process of law under the Arizona Constitution and well-established Arizona case law because the failure to preserve certain evidence...

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