State v. Mussman, 289 Ga. 586

Mussman involved in a 2007 single-car crash; the other occupant, Stephens, died from blunt force trauma.
Police impounded the car, photographed it, and collected biological samples from the interior; the car was later released to a towing company without Mussman being notified of charges.
Mussman was indicted in July 2008 for homicide by vehicle; his counsel hired an investigator to locate the car, which had been sold and resold, making independent testing impractical.
The Court of Appeals held OCGA § 17-5-56(a) requires preservation of the container or source of biological material, not just the material itself, and found a due process violation for failure to preserve.
The Georgia Supreme Court reversed, holding that § 17-5-56(a) requires preservation of the biological material (stains, fluids, hair) but not every container or source; no bad-faith preservation policy established a due process violation.
The Court also held that, even if the lost vehicle evidence could have been exculpatory, the State’s adherence to a standard policy of releasing “solved” vehicular homicide evidence did not establish bad faith or a due process violation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Scope of OCGA 17-5-56(a) preservation	Mussman: statute requires preserving the container/source of biological material.	State: statute requires preserving the biological material itself; no broader container preservation duty.	Statute preserves the material itself, not necessarily the container/source.
Bad faith and due process from evidence release	State acted in bad faith by releasing evidence; violated due process.	Policy-driven release of evidence is not bad faith absent conduct showing exoneration intent.	No bad-faith conduct shown; no due process violation.
Constitutional materiality of lost evidence	Lost evidence was constitutionally material and exculpatory value obvious.	Possibility of exculpation does not prove materiality without certainty.	Even if technically material, no due process violation found.

Ballard v. State, 285 Ga. 15 (Ga. 2009) (materiality test for lost evidence under due process)
Youngblood v. Wood, 488 U.S. 51 (U.S. 1988) (no due process requirement to preserve all potentially useful evidence)
Terrell v. State, 271 Ga. 783 (Ga. 1999) (policy not per se evidence of bad faith; focus on conduct)
Slakman v. Continental Cas. Co., 277 Ga. 189 (Ga. 2003) (statutory construction principles; avoid absurd results)
Allen v. Wright, 282 Ga. 9 (Ga. 2007) (statutory interpretation; avoid surplusage)
Manville v. Hampton, 266 Ga. 857 (Ga. 1996) (policy implications and preservation duties)