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Topic - Irma S. Raker
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"Because the state was the custodian of the evidence, the state needs to check any place the evidence could reasonably be found, unless there is a written record that the evidence had been destroyed in accordance with then existing protocol,"
"The Circuit Court erred in dismissing his petition for testing based on [the police sergeant's] representation that because he checked the [Evidence Control Unit's] database and forms on file, it was reasonable to conclude that the evidence no longer exists. Searching the ECU alone was insufficient," Judge Irma S. Raker wrote in the unanimous ruling issued Wednesday.