Does the Attorney General have the authority to preserve keycard records for review?

California, United States of America


The following excerpt is from People v. Martinez, H042614 (Cal. App. 2017):

Defendant alternatively contends that if the keycard reader evidence was admissible, his constitutional right to due process was violated because law enforcement did not preserve evidence potentially favorable to him: the keycard reader records for the other rooms that were occupied on the night of the murder. As the Attorney General points out, defendant forfeited that issue by failing to raise it in the trial court. But since defendant also argues ineffective assistance of counsel based on the failure to preserve the issue for review, we will address it on the merits in the interest of judicial economy. (People v. Williams (1998) 17 Cal.4th 148, 161, fn. 6.)

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