Does a motion to dismiss the prosecution of a defendant have to be reviewed in the context of the failure to preserve his cell phone?

California, United States of America


The following excerpt is from People v. Boxley, C085032 (Cal. App. 2020):

Defendant contends the trial court erred in denying his motion to dismiss the prosecution pursuant to California v. Trombetta (1984) 467 U.S. 479 [81 L.Ed.2d 413] (Trombetta) and Arizona v. Youngblood (1988) 488 U.S. 51 [102 L.Ed.2d 281] (Youngblood) based on the failure to preserve his cell phone that was seized from him upon his arrest.

Other Questions


Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
Is a dismissal for failure to prosecute a motion for wrongful dismissal valid? (California, United States of America)
What is the test for dismissing a motion to dismiss a motion for summary dismissal? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the standard of review for a motion to dismiss a motion for summary dismissal? (California, United States of America)
What is the test for dismissing a motion to dismiss for failure to prosecute? (California, United States of America)
What is the test for abuse of discretion in the context of a motion to review the decision of a trial court denying a defendant's motion to exclude victim impact evidence and uncharged misconduct in the case of Romero? (California, United States of America)
Is there any reason to dismiss a motion to dismiss an action brought by an individual against an individual who is also a partnership and corporate defendant? (California, United States of America)
Can a motion to dismiss be dismissed on the basis of vindictive prosecution before trial? (California, United States of America)
Can a motion to dismiss be dismissed on the basis of vindictive prosecution before trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.