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State v. DeJesus 2017 UT 22 (Apr. 21, 2017)

Apr 21, 2017

In this direct criminal appeal, the defendant argued that the loss or destruction of video footage of the assault for which she was charged violated her due process rights.  The court applied the due process analysis applicable to such a claim, outlined in State v. Tiedemann, 2007 UT 49, ¶ 44, 162 P.3d 1106.  In doing so, the court reaffirmed that the Tiedemann test encompasses a threshold requirement that the defendant demonstrate there is a reasonable probability that the lost or destroyed evidence would have been exculpatory.