DueProcess Punishment
When a capital ly sentenced defendant credibly demonstrates
that (1) state actors have cont inually exhibited bad faith
throughout the history of a case, and (2) the vast majority of
evidence (all of which could prove at least potentially
exculpatory) from a capital case is lost, missing, or de stroyed at
the hand of state actors, did the lower court err in failing to find
a violation pursuant to Arizona v. Youngblood , 488 U.S. 51
(1988) ?
Pursuant to this Court's decision in Arizona v. Youngblood , 488
U.S. 51 (1988) , what is the required standard that a defendant
must meet to prove that state actors acted in "bad faith ?"
Is a capital defendant deprived of meaningful review, and are
his Eighth and Fourteenth Amendment ri ghts violated as
described in Anderson and Tumey , when the trial court adopts
verbatim the Prosecutor' s flawed proposed Findings of Fact and
Conclusions of Law to deny allegations of prosecutorial
misconduct ?
When a capitally sentenced defendant credibly demonstrates that state actors have continually exhibited bad-faith and the majority of evidence is lost, missing, or destroyed, did the lower court err in failing to find a Youngblood violation?