State v. Mizell
288 Ga. 474
| Ga. | 2011Background
- Mizell was convicted of malice murder in May 2005 and later granted a new trial, then a dismissal motion was granted for failure to preserve exculpatory evidence.
- Evidence included cigarette butts, dentures, towels, and other items found in Mizell's apartment and dumpsters; DNA testing was requested and conducted at times.
- The State sought DNA testing of dumpster cigarette butts after Mizell's arrest, but the lab lacked the butts when testing was ordered; dumpster butts were later lost.
- A post-trial new-trial hearing revealed a DNA result from apartment butts showing Mizell and victim DNA, not Brealand, suggesting possible exculpation to Brealand’s presence at the scene.
- The trial court granted Mizell’s motion for new trial and later dismissed the indictment for bad-faith preservation of evidence; the State appeals, urging reversal.
- Georgia Supreme Court reverses the dismissal, ruling the lost dumpster butts were not constitutionally material or exculpatory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal of the indictment was proper due to failure to preserve evidence | Mizell | Mizell | Dismissal improper; not material exculpatory evidence |
| Whether the dumpster cigarette butts were constitutionally material to Mizell's defense | Mizell | State | Not constitutionally material; no obvious exculpatory value |
| Whether the State acted in bad faith in losing the evidence | Mizell | State | Not reached; court reverses on materiality grounds |
| Whether collateral estoppel, res judicata, or law of the case preclude relitigation of issues | Mizell | State | Inapplicable; issues not decided previously in the same posture |
Key Cases Cited
- Arizona v. Youngblood, 488 U.S. 51 (U.S. 1988) (due process failure requires bad faith in preserving evidence for exculpatory value)
- California v. Trombetta, 467 U.S. 479 (U.S. 1984) (exculpatory value must be apparent before destruction; mere usefulness is insufficient)
- Miller, 287 Ga. 748 (Ga. 2010) (apparent exculpatory value essential; not just potentially useful)
- Krause v. State, 286 Ga. 745 (Ga. 2010) (lost evidence claim rejected where no apparent exculpatory value)