McCarthy v. Pollard

Dist. Ct. did not err in denying defendant's habeas petition challenging his conviction on charge of operation of motor vehicle while under influence of cocaine even though defendant argued that trial court should have dismissed case where City of Milwaukee destroyed defendant's vehicle pursuant to its internal policy, such that defendant was prevented from establishing that vehicle's brakes were responsible for his erratic driving. Wisc. state courts could properly find that there was no due process violation associated with destruction of vehicle where: (1) defendant failed to establish that destruction was done in bad faith; and (2) exculpatory value of vehicle was not apparent before it was destroyed. Ct. rejected defendant's claim that govt. had duty to preserve vehicle where, as here, he was in coma at time of its destruction.