Illinois v. Fisher

540 U.S. 544, 124 S. Ct. 1200, 157 L. Ed. 2d 1060, 2004 U.S. LEXIS 1412
CourtSupreme Court of the United States
DecidedFebruary 23, 2004
Docket03-374
StatusPublished
Cited by361 cases

This text of 540 U.S. 544 (Illinois v. Fisher) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Illinois v. Fisher, 540 U.S. 544, 124 S. Ct. 1200, 157 L. Ed. 2d 1060, 2004 U.S. LEXIS 1412 (2004).

Opinions

[545]*545Per Curiam.

The Appellate Court of Illinois held here that the Fourteenth Amendment’s Due Process Clause required the dismissal of criminal charges because the police, acting in good faith and according to normal police procedures, destroyed evidence that respondent had requested more than 10 years earlier in a discovery motion. Petitioner, the State of Illinois, contends that such a result is foreclosed by our decision in Arizona v. Youngblood, 488 U. S. 51 (1988). There we held that “unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law.” Id., at 58. We agree with petitioner, grant the petition for certiorari and respondent’s motion for leave to proceed in forma pauperis, and reverse the judgment of the Appellate Court.

In September 1988, Chicago police arrested respondent in the course of a traffic stop during which police observed him furtively attempting to conceal a plastic bag containing a white powdery substance. Four tests conducted by the Chicago Police Crime Lab and the Illinois State Police Crime Lab confirmed that the bag seized from respondent contained cocaine.

Respondent was charged with possession of cocaine in the Circuit Court of Cook County in October 1988. He filed a motion for discovery eight days later requesting all physical evidence the State intended to use at trial. The State responded that all evidence would be made available at a reasonable time and date upon request. Respondent was released on bond pending trial. In July 1989, however, he failed to appear in court, and the court issued an arrest warrant to secure his presence. Respondent remained a fugitive for over 10 years, apparently settling in Tennessee. The outstanding arrest warrant was finally executed in November 1999, after respondent was detained on an unrelated matter. The State then reinstated the 1988 cocaine-possession charge.

[546]*546Before trial, the State informed respondent that in September 1999, the police, acting in accord with established procedures, had destroyed the substance seized from him during his arrest. Respondent thereupon formally requested production of the substance and filed a motion to dismiss the cocaine-possession charge based on the State’s destruction of evidence. The trial court denied the motion, and the ease proceeded to a jury trial. The State introduced evidence tending to prove the facts recounted above. Respondent’s case in chief consisted solely of his own testimony, in which he denied that he ever possessed cocaine and insinuated that the police had “framed” him for the crime. The jury returned a verdict of guilty, and respondent was sentenced to one year of imprisonment.

The Appellate Court reversed the conviction, holding that the Due Process Clause required dismissal of the charge. Relying on the Illinois Supreme Court’s decision in Illinois v. Newberry, 166 Ill. 2d 310, 652 N. E. 2d 288 (1995), the Appellate Court reasoned:

“ ‘Where evidence is requested by the defense in a discovery motion, the State is on notice that the evidence must be preserved, and the defense is not required to make an independent showing that the evidence has exculpatory value in order to establish a due process violation. If the State proceeds to destroy the evidence, appropriate sanctions may be imposed even if the destruction is inadvertent. No showing of bad faith is necessary.’” App. to Pet. for Cert. 12 (quoting Newberry, supra, at 317, 652 N. E. 2d, at 292) (citation omitted in original).

The Appellate Court observed that Newberry distinguished our decision in Youngblood on the ground that the police in Youngblood did not destroy evidence subsequent to a discovery motion by the defendant. App. to Pet. for Cert. 13. While acknowledging that “there is nothing in the record to [547]*547indicate that the alleged cocaine was destroyed in bad faith,” id., at 15, the court further determined that Newberry dictated dismissal because, unlike in Youngblood, the destroyed evidence provided respondent’s “only hope for exoneration,” App. to Pet. for Cert. 15, and was “ ‘essential to and determinative of the outcome of the case,”’ App. to Pet. for Cert. 16 (quoting Newberry, supra, at 315, 652 N. E. 2d, at 291). Consequently, the court concluded that respondent “was denied due process when he was tried subsequent to the destruction of the alleged cocaine.” App. to Pet. for Cert. 16. The Illinois Supreme Court denied leave to appeal.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Matzke
Appellate Court of Illinois, 2023
People v. Rodriguez
2022 IL App (2d) 220118-U (Appellate Court of Illinois, 2022)
State of Missouri v. Paul L. Deroy, Jr.
Missouri Court of Appeals, 2021
United States v. Sergeant MICHAEL A. HORNER
Army Court of Criminal Appeals, 2020
United States v. Mark Jones
Fifth Circuit, 2020
Zachery James Hernandez v. State
Court of Appeals of Texas, 2020
Com. v. Maines, J.
Superior Court of Pennsylvania, 2020
State v. Michael Collaso
Court of Appeals of Texas, 2020
Anthony Paul MacHina v. State
Court of Appeals of Texas, 2020
State v. Billy John Bell
Court of Appeals of Texas, 2020
Simon Madrid Garcia Jr. v. State
Court of Appeals of Texas, 2019
Chiron Sharrol Francis v. State
Court of Appeals of Texas, 2019
Scott Winfield Davis v. Eric Sellers
940 F.3d 1175 (Eleventh Circuit, 2019)
Winter Kay Arthur v. State
Court of Appeals of Texas, 2019
People v. Calloway
2019 IL App (1st) 160983 (Appellate Court of Illinois, 2019)
People of Michigan v. Stuart Warren Argo Jr
Michigan Court of Appeals, 2018
People v. Cunningham
2018 IL App (1st) 153367 (Appellate Court of Illinois, 2018)
State of Arizona v. Bryan Wayne Hulsey
Arizona Supreme Court, 2018

Cite This Page — Counsel Stack

Bluebook (online)
540 U.S. 544, 124 S. Ct. 1200, 157 L. Ed. 2d 1060, 2004 U.S. LEXIS 1412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-v-fisher-scotus-2004.