When a defendant has proven that the state has destroyed evidence that is material and exculpatory, does he bear the extra burden of proving the actions of the state were in bad faith, before a Due Process violation is found

QUESTION PRESENTED In 2016, Petitioner Billy John Bell was indicted for crimes against a child sixteen years after the time of alleged incidents, dated between 1998 and 2000. Texas CPS conducted an investigation, including a victim interview, in 2006 or 2007, and issued a Reason Not to Believe finding, closing the case. After the 2016 indictment, Bell subpoenaed all CPS records, but learned they had been destroyed, following CPS’ policy to destroy records after five years in Reason Not to Believe cases. The trial court found the destroyed records to be material and exculpatory, and dismissed the indictment. The appeals court reversed, holding that Due Process was satisfied because the destruction had not been conducted in bad faith. THE QUESTION PRESENTED IS: When a defendant has proven that the state has destroyed evidence that is material and exculpatory, does he bear the extra burden of proving the actions of the state were in bad faith, before a Due Process violation is found. ii LIST OF PROCEEDINGS Court of Criminal Appeals of Texas PD-0239-20 Bell, Billy John Date of Petition for Review Denial: July 22, 2020 Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-19-00139-CR The State of Texas, Appellant, v. Billy John Bell, Appellee. Date of Memorandum Opinion: January 10, 2020 6th District Court of Lamar County, Texas Cause No. 27013 The State of Texas v. Billy John Bell Date of Order Granting Motion to Dismiss: June 3, 2019 Date of Corrected Findings of Fact: June 6, 2019