Opinion

State v. Ortiz

  • 119 Wash. 2d 294
  • 831 P.2d 1060
  • 1992 Wash. LEXIS 156
Court
Washington Supreme Court
Filed
Jun 11, 1992
Status
Published
Author
Dolliver
On the bench
Durham, Dolliver, Johnson, Smith
Cited by
194 cases
Authority
More cited than 6.9%

Overruled on other grounds by State v. Condon, 182 Wash. 2d 307 (2015)

holding the state due process clause does not provide greater protection than the Fourteenth Amendment regarding the State’s duty to preserve potentially exculpatory evidence

How later courts described this case

  • holding the state due process clause does not provide greater protection than the Fourteenth Amendment regarding the State’s duty to preserve potentially exculpatory evidence
  • holding that the trial court did not abuse its discretion denying defendant’s motion to dismiss when it found that the State acted “reasonably and in good faith”
  • noting that when semen samples sent in the mail, per routine procedure, thawed before they reached the FBI, nothing in the facts of the case indicated bad faith and, thus, there was no violation of due process
  • holding the state *711 due process clause does not provide greater protection than the Fourteenth Amendment regarding the State’s duty to preserve potentially exculpatory evidence

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by State v. Condon, 182 Wash. 2d 307 (2015)

    119 Wn.2d 294, 310 , 831 P.2d 1060 (1992), overruled on other grounds, State v. Condon, 182 Wn.2d 307 , 343 P.3d 357
    Washington Supreme CourtJan 8, 20159 citing opinionsother groundsRead it

The opinion

Dolliver, J.

(concurring) — I would affirm the conviction based on the majority opinion, which states either the Youngblood test (Arizona v. Youngblood, 488 U.S. 51 , 102 L. Ed. 2d 281 , 109 S. Ct. 333 (1988)) or the Vaster test (State v. Vaster, 99 Wn.2d 44 , 659 P.2d 528 (1983)) would apply. This being so, I see no need to decide here whether under the due process clause in the state constitution (Const. art. 1, § 3) the Vaster analysis can be maintained.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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