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STATE v. YOUNGBLOOD

Nos. CR-90-0053-PR, CR-89-0353-PR.

173 Ariz. 502 (1993)

844 P.2d 1152

STATE of Arizona, Appellee/Cross-Appellant, v. Larry YOUNGBLOOD, Appellant/Cross-Appellee, STATE of Arizona, Appellant, v. Joe HERRERA-RODRIGUEZ, Appellee.

Supreme Court of Arizona, En Banc.

January 7, 1993.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Catherine M. Shovlin, Deputy County Atty., John R. Gustafson, Sp. Deputy County Atty., Tucson, for state of Ariz. in State v. Youngblood.

Daniel F. Davis, Tucson, for Youngblood.

Grant Woods, Atty. Gen. by Joseph T. Maziarz, Asst. Atty. Gen., Phoenix, for amicus curiae Arizona Atty. Gen., in State v. Youngblood.

Richard M. Romley, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty. and John R. Gustafson, Deputy Pima County Atty., Phoenix, for state of Ariz. in State v. Herrera-Rodriguez.

Dean W. Trebesch, Maricopa County Public Defender by Paul Klapper, Deputy Public Defender, Phoenix, for Herrera-Rodriguez.

Grant Woods, Atty. Gen. by Joseph T. Maziarz, Asst. Atty. Gen., and Jessica Gifford Funkhouser, Former Chief Counsel, Crim. Div., Phoenix, for amicus curiae Arizona Atty. Gen. in State v. Herrera-Rodriguez.

Hirsh, Davis, Walker & Piccarreta by Michael L. Piccarreta, Tucson, for amicus curiae Arizona Attys. for Criminal Justice.

OPINION

MARTONE, Justice.

These consolidated cases require us to decide whether, absent bad faith on the part of the state, failure to preserve evidence which might be exculpatory constitutes a denial of due process of law under Article 2, § 4 of the Arizona Constitution. We hold that it does not.

I. PROCEDURAL BACKGROUND AND FACTS

A. Youngblood

Youngblood was convicted of child molestation, sexual assault and kidnapping...

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