legal news


Register | Forgot Password

P. v. Fernandez CA2/1
Luis Fernandez (Fernandez) appeals from a judgment sentencing him to three years in state prison for willfully inflicting a corporal injury on a cohabitant resulting in a traumatic condition (Pen. Code, § 273.5, subd. (a) ). Fernandez complains that his due process rights under the Fourteenth Amendment to the United States Constitution were violated when police failed to preserve a digital audio recording of the victim’s statements. We disagree. Although the recording may have been “potentially useful” to Fernandez’s defense, we find, pursuant to Arizona v. Youngblood (1988) 488 U.S. 51, 58 (Youngblood), that there was no due process violation because substantial evidence supports the trial court’s finding that the police did not act in bad faith.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2025 Fearnotlaw.com The california lawyer directory

  Copyright © 2025 Result Oriented Marketing, Inc.

attorney
scale