Robert Lehmann v. Scott Kernan, Secretary, California Department of Corrections and Rehabilitation
DueProcess HabeasCorpus
With the advancement of scientific testing methods of biological evidence, is the 'bad faith' exception to the failure to preserve evidence carved out by this Court in Arizona v. Youngblood, 488 U.S. 51 (1988) now unreasonable and should it be revisited and modified to reflect scientific advances, in particular in light of Mr. Justice Stevens' Concurrence (at 60-61) and the Mr. Justice Blackmun's Dissent?
Questions Presented 1. With the advancement of scientific testing methods of biological evidence, is the “bad faith” exception to the failure to preserve evidence carved out by this Court in Arizona v. Youngblood, 488 U.S. 51 (1988) now unreasonable and should it be revisited and modified to reflect scientific advances, in particular in light of Mr. Justice Stevens’ Concurrence (at 60-61) and the Mr. Justice Blackmun’s Dissent? 2. Was Trial Counsel’s failure to obtain or otherwise request blood and urine samples for independent defense testing ineffective for Strickland v. Washington, 466 US 668 (1984) purposes? : 3. Were the 25 recorded instances of prosecutorial misconduct, when taken together, sufficient to deny Petitioner a Fair Trial? 4. Was there sufficient cumulative error to deny the petitioner a Fair Trial? ii