State v. McNeil
308 Ga. App. 633
Ga. Ct. App.2011Background
- McNeil was a passenger in a vehicle stopped for a tag violation; McCoy was arrested for DUI-related offenses.
- An open beer can was found in the vehicle; McNeil was not initially arrested and was allowed to leave.
- McNeil consented to a purse search; two bags containing cocaine and marijuana were found, leading to her arrest.
- The State’s copied DVD of the stop did not include McCoy’s pursuit or McNeil’s search due to how the master DVD was handled.
- McNeil subpoenaed the master DVD; the master DVD could not be played, and its contents were not viewable before trial.
- The trial court dismissed the charges, finding potential exculpatory value and lack of comparable evidence, and the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was dismissal proper for destruction of the master DVD? | McNeil argues the master DVD contained exculpatory material. | State contends Miller governs, not a due-process dismissal. | No; dismissal reversed; not constitutionally material. |
| Does destruction of potentially exculpatory evidence require bad faith to warrant dismissal? | McNeil asserts bad faith or material exculpatory value justifying dismissal. | State argues no due-process violation absent material exculpatory value or bad faith. | Bad faith not shown; evidence not material exculpatory; no dismissal. |
| Does Miller govern standard after being overruled by Georgia Supreme Court? | Miller standard supports dismissal due to loss of exculpatory material. | Supreme Court overruled Miller; standard requires material exculpatory value and no means to obtain comparable evidence. | Prevailed: Miller overruled; not controlling standard. |
| Is the lost master DVD’s evidence enough to require dismissal when defendant could obtain evidence by other means? | McNeil could not obtain comparable evidence, so dismissal is required. | Cross-examination and service of venue/mccoy testimony suffice; not dispositive. | Not required; comparable evidence available; no due-process violation. |
| Did the State’s handling of the master DVD violate due process? | Destruction or loss was negligent and potentially exculpatory. | No evidence of conscious wrongdoing; loss was not shown to be malicious. | No bad faith shown; not a due-process violation. |
Key Cases Cited
- State v. Miller, 287 Ga. 748 (Ga. 2010) (overruled Miller standard; material exculpatory value required; bad faith not sole determinant)
- California v. Trombetta, 467 U.S. 419 (U.S. 1984) (due process when evidence destroyed if material exculpatory or evidence could not be obtained otherwise)
- Arizona v. Youngblood, 488 U.S. 51 (U.S. 1988) (bad faith threshold for potentially useful evidence preservation; not automatic dismissal)
- Ballard v. State, 285 Ga. 15 (Ga. 2009) (tape destruction not automatically dismissible; evaluating exculpatory value)
- Brawner v. State, 297 Ga. App. 817 (Ga. App. 2009) (no dismissal where destruction lacked exculpatory value and no bad faith)