People v. Moore

Defendant was convicted, after jury trial, of first degree murder and attempted first degree murder. Photo arrays are only potentially useful and not material and exculpatory, and thus Defendant was required to show that State acted in bad faith in failing to preserve photo arrays. As no evidence that State acted in bad faith, no due process violation. Court was within its discretion in not imposing sanctions for missing photo arrays, and was reasonable in admonishing jury that it was permitted to make a negative inference. Court properly allowed testimony of codefendant's confession, and State and court took significant precautions to not introduce substantive evidence from confession. (McBRIDE and HOWSE, concurring.)