Is Due Process violated when a criminal defendant must bear the burden of showing bad faith in order to be entitled to a missing evidence instruction, following Arizona v. Youngblood, 488 U.S. 51 (1988), where a similarly situated civil movant would not?

QUESTIONS PRESENTED 1. Is Due Process violated when a criminal defendant must bear the burden of showing bad faith in order to be entitled to a missing evidence instruction, following Arizona v. Youngblood, 488 U.S. 51 (1988), where a similarly situated civil movant would not? 2. Is Due Process violated when willful state action or collusion results in a violation of the doctrine of separation of witnesses and curtails the defendant's right to effective confrontation and fundamental fairness? ii